Overview

The Environment Protection and Biodiversity Conservation (2022 conservation theme for prioritising nominations of threatened species, threatened ecological communities and key threatening processes) Determination 2022 was introduced to address the need for prioritising the conservation of certain species and ecological communities. Enacted by the Parliament of Australia under section 194D of the Environment Protection and Biodiversity Conservation Act 1999, this instrument designates ‘Marine and freshwater species’ as the conservation theme for the assessment period starting 1 October 2022. This decision was made in consultation with the Threatened Species Scientific Committee, as stipulated by section 194D(3) of the Act, but no public consultation was deemed necessary given that the determination does not impose additional restrictions or obligations on individuals or entities. The policy objective behind this determination is to ensure that the assessment process for threatened species and ecological communities is informed by specific conservation themes, thereby guiding the allocation of resources and efforts towards the most pressing environmental concerns.

Scope and Application

The Environment Protection and Biodiversity Conservation (2022 conservation theme for prioritising nominations of threatened species, threatened ecological communities and key threatening processes) Determination 2022 applies to the Minister for the Environment who is responsible for determining conservation themes under section 194D of the Environment Protection and Biodiversity Conservation Act 1999. This determination sets the theme for a 12-month period beginning 1 October 2022, which is 'Marine and freshwater species'. The Act applies across Australia as a Commonwealth Act, providing for the protection of the environment and biodiversity conservation. The determination does not apply additional restrictions, impose obligations, or preclude the rights of any person, and therefore, no further consultation was required beyond the statutory advice from the Threatened Species Scientific Committee. The instrument is not subject to disallowance under section 42 of the Legislation Act 2003, and no statement of compatibility is required under the Human Rights (Parliamentary Scrutiny) Act 2011. The application of the conservation theme is a discretionary consideration in the statutory process for nominating items to be listed under the Act.

Key Provisions

The primary operative sections of the Environment Protection and Biodiversity Conservation (2022 conservation theme for prioritising nominations of threatened species, threatened ecological communities and key threatening processes) Determination 2022 are found within the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 194D(1) of the Act allows the Minister to determine one or more conservation themes for the assessment period before inviting nominations for a 12-month assessment period under section 194E. This determination sets 'Marine and freshwater species' as the conservation theme for the assessment period commencing 1 October 2022, as per the legislative instrument. This theme does not preclude nominations of any species, ecological community, or key threatening process. The Act imposes certain obligations and requirements on the parties and entities it governs. The Minister must consider advice from the Threatened Species Scientific Committee, as outlined in section 194D(3) of the Act, when determining a conservation theme. The Act also stipulates that the setting of a conservation theme is an optional step in the process for nominating items to be listed. Moreover, the determination itself does not apply additional restrictions, impose obligations, or preclude the rights of any person. Breaches of the Act can lead to various civil and criminal consequences. Under section 528 of the Act, a person who contravenes the Act can be guilty of an offence and may face penalties, including fines and imprisonment. The maximum penalties for offences under the Act are outlined in the Penalties and Enforcement section of the Act. Additionally, the Act provides for the imposition of civil remedies, such as injunctions and damages, for breaches of its provisions. It is important to note that the determination does not impose any additional restrictions, obligations, or rights on any person, as stated in the statutory exemption from the disallowance process under section 194D(4) of the Act.