Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including threatened species. This Act addresses the need to safeguard the environment and biodiversity through legislative means, allowing for the identification and protection of species that are at risk or hold significant ecological value. In line with the objectives of the EPBC Act, the Australian government has introduced legislative instruments to determine specific populations of biological entities as species under the Act. For instance, an instrument was enacted to recognise the Western Australian population of Galaxias truttaceus as a distinct species, acknowledging its unique ecological characteristics and evolutionary divergence from eastern populations. This legislative instrument was developed following consultation with the Threatened Species Scientific Committee and the Australian Biological Resources Study, ensuring that the decision to recognise the species was based on scientific advice. The instrument, issued under section 517(1) of the EPBC Act, aims to ensure that the Western Australian population of Galaxias truttaceus receives appropriate legal protection and conservation measures.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) provides for the protection of the environment, especially matters of national environmental significance, and the conservation of biodiversity, including the protection and conservation of threatened species. Under this Act, the Minister may, by legislative instrument, determine that a population of biological entities is a species. This particular legislative instrument determines that the Western Australian population of Galaxias truttaceus is a species for the purposes of the EPBC Act. This species is geographically isolated to the south coast of Western Australia and exhibits a unique ecology compared to its eastern counterparts, indicating evolutionary divergence and regional adaptation. The Instrument is made under section 517(1) of the EPBC Act and commenced on the day after it was registered on the Federal Register of Legislation. The process included advice from the Threatened Species Scientific Committee and the Australian Biological Resources Study, but no public consultation was deemed necessary as it only determines a population of biological entities as a species. The Instrument is compatible with human rights, having been assessed under the Human Rights (Parliamentary Scrutiny) Act 2011, and does not engage any of the applicable rights or freedoms.

Key Provisions

The primary operative section of the legislative instrument is section 517(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which authorises the Minister to determine by legislative instrument that a population of biological entities is a species for the purposes of the Act. In this case, the Instrument determines that the Western Australian population of Galaxias truttaceus is a species under the Act (section 208). This determination brings the Western Australian population of Galaxias truttaceus under the protective provisions of the Act, ensuring its conservation and protection. The Act imposes several obligations and requirements on parties and entities it governs. For instance, any activities that might impact the identified species, Galaxias truttaceus (Western Australian population), must now be assessed under the Act to determine their environmental significance. This includes the need for approval or authorisation from the relevant authorities where the activities are deemed to have a significant impact on the species or its habitat. Additionally, any person conducting an action that might affect the species must ensure that they comply with any conditions set by the Act to mitigate potential harm. There are specific offences and penalties for non-compliance with the Act, including the unauthorised take of a listed threatened species. Under section 220 of the Act, a person can be fined up to $275,000 or imprisoned for up to five years, or both, for engaging in activities that harm or are likely to harm the species. Furthermore, section 474 of the Act provides for civil penalties for breaches, which can be substantial, reflecting the importance of the conservation and protection of the species in question. In summary, the legislative instrument serves to recognise the Western Australian population of Galaxias truttaceus as a distinct species under the Environment Protection and Biodiversity Conservation Act 1999, thereby enhancing its protection. It mandates that any actions impacting this species are subject to rigorous assessment and authorisation processes. Non-compliance with these provisions can result in significant fines and potential imprisonment, underscoring the seriousness with which the Act treats the conservation of biodiversity.