EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Determination under section 517
(Issued under the Authority of the Minister for Sustainability,
Environment, Water, Population and Communities)
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Section 517 of the Act provides that the Minister may determine that a distinct population of biological entities is a species for the purposes of the Act.
Background
Based on advice from the Threatened Species Scientific Committee (the Committee) the Minister for Sustainability, Environment, Water, Population and Communities determined that, due to substantial difference in conservation status from the remainder of the species range, ‘Phascolarctos cinereus (koala) (combined populations of Queensland, New South Wales and the Australian Capital Territory)’ should be declared to be a species for the purposes of the Act.
The purpose of this instrument is to determine that ‘Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory)’ is a species for the purposes of the Act.
Consultation
The Committee consulted widely on the issue of whether the koala should be included on the list of threatened species at the national scale.
The Committee:
– provided an initial advice to the Minister for Sustainability, Environment, Water, Population and Communities on 30 September 2010, recommending that the koala was not eligible for listing at the national scale (the September 2010 advice); and
– revised the September 2010 advice in November 2011 in response to new information and a Senate inquiry into Australia’s koala population, the final report of which was published in September 2011 as ‘The koala – saving our national icon’ (the revised advice).
Consultation on the preparation of the September 2010 advice was conducted in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. Public consultation was undertaken in May 2009 and 223 responses were received. Those responses were considered by the Committee in the preparation of the September 2010 advice. In addition, the Committee consulted specific parties with relevant expertise regarding their views on distinct populations and referred to the scientific literature regarding koala genetics.
In preparing the revised advice the Committee had due regard to information provided through the Senate inquiry including from university and institutional koala researchers and relevant state and territory government departments.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
This instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This instrument does not engage any of the applicable rights or freedoms.
Authority: section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. One of its mechanisms is the ability of the Minister to declare distinct populations of biological entities as separate species under section 517 of the Act. This legislative instrument was issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities and aims to address the substantial differences in the conservation status of the koala populations in Queensland, New South Wales, and the Australian Capital Territory compared to the rest of the species' range. The determination of these populations as a distinct species is based on advice from the Threatened Species Scientific Committee, which consulted widely on the issue, including through a Senate inquiry. This instrument ensures that the koala populations in the specified areas are recognised as a distinct species under the Act, facilitating targeted conservation efforts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. Specifically, the Act enables the Minister to determine distinct populations of biological entities as species for the purposes of the Act, thereby extending its protective measures. This legislative determination recognises the substantial differences in conservation status between certain populations and the remainder of a species’ range. In this instance, the Minister determined that the combined populations of Phascolarctos cinereus (koala) in Queensland, New South Wales and the Australian Capital Territory constitute a species for the purposes of the Act. This decision was based on advice from the Threatened Species Scientific Committee and involves extensive consultation with various stakeholders and experts, including a public consultation process and expert review. The geographic reach of this Act is national, extending across Commonwealth, state, and territory jurisdictions. This legislative instrument is subject to the Legislative Instruments Act 2003 (Cth), which governs the creation and registration of legislative instruments, and it is compatible with human rights as recognised in relevant international instruments.
Key Provisions
Section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) empowers the Minister to determine that a distinct population of biological entities should be recognised as a separate species for the purposes of the Act. In accordance with this provision, the Minister for Sustainability, Environment, Water, Population and Communities has declared that the koala populations in Queensland, New South Wales, and the Australian Capital Territory should be considered a distinct species, namely Phascolarctos cinereus. This determination is predicated on substantial differences in the conservation status of these populations compared to the rest of the species' range.
The obligations under this determination primarily revolve around the enhanced protection and conservation efforts that must now be directed towards these distinct koala populations. This includes the implementation of specific management strategies to address their unique conservation needs. Relevant parties, including government agencies, researchers, and conservationists, must adhere to these strategies to ensure the well-being of these populations. Additionally, any actions that might impact these populations must now be subject to stricter scrutiny and approval processes under the Act.
Failure to comply with the provisions outlined in this determination could result in various civil or criminal consequences. For instance, actions that lead to the harm or destruction of these distinct koala populations could be prosecuted under the Act. Such offences might include illegal land clearing, habitat destruction, or other activities that negatively impact the koalas' survival. The penalties for these offences can be severe, including substantial fines and potential imprisonment, depending on the severity and intent of the breach. The Act also allows for the imposition of administrative penalties for non-compliance, which can further deter unlawful activities that endanger these populations.