Endangered Species Protection (Consequential Amendments) Act 1992

Overview

The Endangered Species Protection (Consequential Amendments) Act 1992 was enacted by the Parliament of Australia to address the need for amendments to existing legislation in light of the new Endangered Species Protection Act 1992. The primary objective of this Act is to ensure that various existing Acts are aligned with the new provisions of the Endangered Species Protection Act, thereby creating a cohesive legislative framework for the protection of endangered species and ecological communities. The Act achieved this by making specific amendments to the Environment Protection (Impact of Proposals) Act 1974 and the National Parks and Wildlife Conservation Act 1975, among others, to reflect the definitions and objectives set out in the new Act. This legislative alignment helps to streamline the legal protections available for endangered species and ensures that activities impacting these species are appropriately regulated.

Scope and Application

The Endangered Species Protection (Consequential Amendments) Act 1992 applies to various specified Acts listed in its schedule, making amendments to align these Acts with the provisions of the Endangered Species Protection Act 1992. It primarily affects entities and individuals involved in activities that could impact listed native species or ecological communities, ensuring that these activities comply with the broader legislative framework established by the Endangered Species Protection Act 1992. This Act extends its reach across the Commonwealth, providing a cohesive legal structure for the protection of endangered species across Australia. Notably, certain activities may be exempt if they are expressly permitted under a recovery plan or threat abatement plan under the principal Act. The Act’s scope is further defined and potentially extended through subordinate instruments, allowing for more detailed regulations and guidelines to be established as necessary to support the overarching objectives of endangered species protection.

Key Provisions

The Endangered Species Protection (Consequential Amendments) Act 1992 (C2004A04486) makes specific amendments to several Acts in response to the introduction of the Endangered Species Protection Act 1992. It ensures that existing legislation is consistent with the new provisions aimed at protecting endangered species. The Act commences on the same day as the Endangered Species Protection Act 1992 (section 2). It primarily amends the Environment Protection (Impact of Proposals) Act 1974 and the National Parks and Wildlife Conservation Act 1975, as detailed in the schedule. The amendments to the Environment Protection (Impact of Proposals) Act 1974 introduce a new section (section 5A) that clarifies the definition of a significant environmental impact. It specifies that actions threatening the extinction or impeding the recovery of a listed native species or listed ecological community constitute a significant environmental impact (section 5A(1)). However, this does not apply to actions permitted under a recovery plan or threat abatement plan under the Endangered Species Protection Act 1992 (section 5A(2)). The Act also defines terms such as 'listed ecological community', 'listed native species', 'permitted', 'recovery plan', and 'threat abatement plan' to align with the definitions in the Endangered Species Protection Act 1992 (section 5A(3)). The National Parks and Wildlife Conservation Act 1975 is amended to enhance the Director's functions. The Act inserts a new subsection (1A) in paragraph 16(1) to include any functions conferred on the Director under any other Act (Schedule, after paragraph 16(1)(h)). It also modifies paragraph 42(6)(b) to include plants alongside animals (Schedule, after "animal" insert "or plant"). Furthermore, it changes "granting" to "issuing" in subparagraph 44B(4)(a)(iv) and removes the word "substantially" from subsection 44E(2) (Schedule). Lastly, it mandates that the report must include the report prepared by the Director under section 48 of the Endangered Species Protection Act 1992 (Schedule, after subsection 52(1)). Breaching the provisions of the amended Acts could lead to various civil or criminal consequences, depending on the severity and nature of the breach. For instance, actions that significantly affect endangered species without the necessary permits or plans could result in penalties under the respective Acts. The specific penalties and consequences would be determined by the relevant provisions within the amended Acts and any additional regulations or guidelines issued under those Acts.