EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
Determination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (225)
Background
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Section 517(1) of the Act provides that the Minister may, by legislative instrument, determine that a distinct population of biological entities is a species for the purposes of this Act.
Purpose of Instrument
The purpose of this Instrument is to determine that the following population of biological entities is a species for the purposes of the Act:
- Nannoperca australis Murray-Darling Basin lineage
Consultation
Advice from the Threatened Species Scientific Committee was sought and considered prior to the making of the Instrument. The Committee recommended that Nannoperca australis Murray-Darling Basin lineage be declared a species for the purposes of the Act as set out above.
Section 17(1)(a) of the Legislation Act 2003 states that before the legislative instrument is made, the rule-maker must be satisfied that there has been undertaken any consultation that is considered by the rule-maker to be appropriate. As this Instrument only determines a population of biological entities as a species for the purposes of the Act, public consultation was not undertaken on this Instrument, however consultation was conducted on the assessment of Nannoperca australis Murray-Darling Basin lineage for listing as a threatened species.
Notice of the proposed amendment to the list of threatened species and a consultation document was made available for public comment for a minimum of 30 business days as required by subsection 194M(3). Any public comments received that were relevant to the eligibility or survival of the species were considered by the Scientific Committee as part of providing their advice to the Minister.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The Instrument commences the day after registration.
Authority: section 517(1) of the Environment Protection and Biodiversity Conservation Act 1999.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011 Determination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (225) This Legislative 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. Overview of the Legislative Instrument The purpose of this Instrument is to determine that the following population of biological entities is a species for the purposes of the Act: - Nannoperca australis (Murray-Darling Basin lineage)
Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms. Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a pivotal piece of Australian legislation aimed at the protection of the environment and the conservation of biodiversity. Enacted by the Parliament of Australia, the Act provides a framework for safeguarding threatened species and ecological communities. One of the key provisions, section 517, empowers the Minister to determine that a distinct population of biological entities constitutes a species under the Act. This legislative instrument, issued under the authority of the Minister for the Environment, serves to classify the Nannoperca australis Murray-Darling Basin lineage as a distinct species, thereby extending the protections and conservation measures available under the Act to this specific population. The decision follows recommendations from the Threatened Species Scientific Committee and aligns with the policy objectives of the Act to conserve biodiversity and protect threatened species within the Murray-Darling Basin.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a comprehensive framework for the protection of the environment and biodiversity in Australia, including the conservation of threatened species. Under Section 517 of the EPBC Act, the Minister for the Environment has the authority to determine by legislative instrument whether a distinct population of biological entities constitutes a species for the purposes of the Act. This legislative instrument specifically addresses the determination that the Nannoperca australis Murray-Darling Basin lineage is recognised as a distinct species under the Act. The decision to declare this population as a species was informed by advice from the Threatened Species Scientific Committee, and while public consultation was not directly undertaken on this particular instrument, there was an opportunity for public comment on the assessment of Nannoperca australis Murray-Darling Basin lineage for listing as a threatened species. The instrument, which is compatible with human rights, is designed to ensure the protection and conservation of this species within the scope of the EPBC Act, applying to the specified population across the Commonwealth of Australia.
Key Provisions
The main operative sections of this legislation (F2021L00428) are found under section 517(1) of the Environment Protection and Biodiversity Conservation Act 1999, which empowers the Minister to determine that a distinct population of biological entities is a species. In this case, the determination recognises Nannoperca australis, specifically the Murray-Darling Basin lineage, as a species for the purposes of the Act. This recognition is pivotal as it ensures that this distinct population is afforded the protections and conservation measures available under the Act.
The Act imposes obligations on the parties and entities it governs by requiring them to ensure that their actions do not harm the newly recognised species. This includes adhering to any specific management plans or conservation measures that may be established under the Act to protect Nannoperca australis. The determination also means that any activities that might impact this species require approval under the Act, and the relevant authorities must be notified and consulted accordingly.
Breaches of the obligations and requirements set forth by the Act can lead to both civil and criminal consequences. For instance, if an entity fails to comply with the conservation measures or engages in activities that harm the species, they could face penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, the maximum penalties for contravening the Act can include substantial fines for individuals and corporations. For example, corporations can be fined up to AUD 210,000 for each offence, while individuals can face fines up to AUD 21,000. Additionally, criminal proceedings can be initiated against those who deliberately or recklessly engage in activities that harm the species, potentially leading to imprisonment. These stringent penalties underscore the importance of compliance with the Act's provisions to protect Nannoperca australis.