Correction of list of threatened species: Environment Protection and Biodiversity Conservation Act 1999 (09/03/2001)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was introduced to address the need for comprehensive protection of the Australian environment, particularly focusing on threatened species and ecological communities. Enacted by the Australian Parliament, the EPBC Act aims to provide for the protection of the environment, particularly matters of national environmental significance, by ensuring that biodiversity and ecological processes are preserved. The Act establishes a list of threatened species and ecological communities, providing a framework for their protection and recovery. This legislative instrument corrects inaccuracies in the list of threatened species published in the Gazette on 24 July 2000, ensuring that the list accurately reflects the species that require protection under the Act. The policy objective is to maintain and improve the conservation status of Australia's biodiversity by ensuring that the list of threatened species is accurate and up-to-date.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, corporations, and all entities involved in activities that may impact the environment and biodiversity in Australia. This includes matters related to the protection of threatened species, both flora and fauna, as well as the conservation of ecosystems and ecological communities. The Act has a national jurisdictional reach, covering all of Australia, including its territories, and applies to actions occurring within its geographical boundaries. The Act also extends its application through subordinate instruments, which may specify additional details or requirements concerning the protection of threatened species. The current legislative instrument corrects inaccuracies in the list of threatened species as initially published in the Gazette on 24 July 2000, ensuring the list remains accurate and effective for conservation purposes.

Key Provisions

The legislative instrument corrects inaccuracies in the list of threatened species that was originally published in the Gazette on 24 July 2000 (section 1). This correction is made under the authority of paragraph 184(1)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The main changes involve amendments to the names of plant species within the Endangered and Vulnerable categories, as well as the removal and addition of certain species. Specifically, within the Endangered category, the names of several plant species have been corrected, such as "Caladenia tonelli" to "Caledonia menu" and "Euphrasia fabula W.C. Potts & W.R. Barker ms." to "Euphrasla sp. fabula" (section 2). Similarly, in the Vulnerable category, there are corrections to the names of plant species such as "Babingionia crenarifolia" to "Babingtanla cremrlata" and "Chamaesyce carrisoides" to "Chamaesyce carissoides" (section 3). Additionally, some plant species have been removed from the list, such as "Caladenia keasarea subsp. maritima," "Eriostemon sporcdica," and "Eucalyptus impensa," while new species have been added, such as "caladenia sp. Jarrah forest (S.D.Hopper 3990)" and "Eremophila denticulate subsp. denticulaia" (section 4). The obligations imposed by this legislative instrument primarily concern the accurate listing and classification of threatened species under the EPBC Act. By amending the list, the Minister for the Environment and Heritage ensures that the legal protections afforded to these species are correctly applied. This includes ensuring that all stakeholders, such as conservationists, land managers, and developers, are aware of the species that require protection and the specific requirements that apply to their conservation and management. The obligation to maintain an accurate list also extends to the enforcement of laws related to the protection of these species, such as prohibiting actions that may harm listed species or their habitats. Accurate listings are essential for effective environmental regulation and compliance. Breaches of the EPBC Act, including inaccurate listings of threatened species, can lead to both civil and criminal consequences. Under section 474, a person who intentionally or recklessly contravenes a provision of the Act may be liable for a penalty. The maximum penalty for an individual is $330,000 or six months imprisonment, or both, while the maximum penalty for a body corporate is $1.65 million or six months imprisonment, or both. In addition to these penalties, the Minister may also seek an injunction or other remedy to prevent further breaches. The accurate listing of threatened species is crucial not only for legal compliance but also for the effective protection of biodiversity and the enforcement of environmental laws.