Determination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (05/05/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to the impacts of Commonwealth actions, and to conserve Australia's biodiversity. The Act was introduced to address the gap in environmental protection mechanisms by establishing a comprehensive framework to safeguard the environment and biodiversity from harmful impacts of activities and developments. The EPBC Act is administered by the Australian Government and aims to promote the sustainable use of natural resources and to protect the nation's biodiversity. This legislative instrument, F2008B00464, issued by David Kemp, the Minister for the Environment and Heritage, identifies specific populations of the Dasyurus maculatus maculatus as distinct species under section 517 of the EPBC Act, thereby recognising the need for tailored conservation efforts for these populations. The policy objective is to ensure these identified species receive appropriate protection and management under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended, includes a provision under section 517 that allows the Minister for the Environment and Heritage to determine whether specific populations of biological entities are to be recognised as distinct species. This legislative instrument identifies two distinct populations of the Dasyurus maculatus species as separate species under the Act: the southeastern mainland population and the Tasmanian population. This determination applies to these populations as they are identified and recognised within the legal framework of the Commonwealth of Australia. The application of this Act extends across the entire nation, thereby ensuring that the conservation and protection measures applicable to these species are uniformly enforced throughout all states and territories. It is pertinent to note that the determination is specifically tailored to these identified populations and does not inherently extend to other populations or subspecies unless explicitly addressed through further legislative instruments or amendments.

Key Provisions

The determination under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 establishes that two distinct populations of Dasyurus maculatus maculatus are recognised as species: the southeastern mainland population and the Tasmanian population of the Spot-tailed Quoll, Spotted-tailed Quoll, or Tiger Quoll. This legislative instrument (F2008B00464) designates these populations, ensuring they are afforded protection under the Act. Under the Act, these specified populations now have the legal status of species, which carries with it certain obligations and protections. Section 517(2) of the Act requires that these species are to be managed in a way that ensures their survival and recovery. This includes measures to protect their habitat, prevent threats to their existence, and promote their conservation. The Act places the responsibility on the Commonwealth, states, and territories to ensure these species are protected under the legislative framework. Breaches of the obligations set out in the Act can result in both civil and criminal consequences. For example, section 487 of the Act outlines various offences such as harming or killing a listed threatened species, damaging or destroying its habitat, or engaging in activities that interfere with its survival. Penalties for these offences can be severe, with maximum fines up to $210,000 for individuals and $1.05 million for corporations, as stipulated in section 509. Additionally, imprisonment terms may apply, with individuals facing up to five years and corporations up to seven years in prison for serious breaches. The Act also provides for the imposition of infringement notices for less serious offences, with fines up to $6,600 for individuals and $33,000 for corporations.