Environment Protection and Biodiversity Conservation Act 1999 - Amendment to the List of Migratory Species (03/12/2002)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive national framework to protect and manage the environment, particularly focusing on matters of national environmental significance. This legislation was introduced to fill a critical gap in the protection of biodiversity and ecosystems, ensuring that environmental considerations are integrated into decision-making processes across various sectors. The policy objective of the Act is to provide for the protection of the environment, particularly through the preservation of biodiversity and ecological processes, and to facilitate the sustainable use of natural resources. As part of its functions, the Act includes provisions for the protection of migratory species, which are particularly vulnerable due to their transboundary nature. The legislative instrument in question, F2007B00765, amends the List of Migratory Species under the Act, adding several whale and shark species to this list in response to their inclusion in the appendices to the Bonn Convention. This amendment, made by David Alistair Kemp, the Minister for the Environment and Heritage, took effect on 23 December 2002, reflecting Australia’s commitment to international conservation efforts and the preservation of these significant species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 is a Commonwealth Act that applies to the protection of the environment and biodiversity across Australia. This legislative instrument amends the List of Migratory Species to include specific species, such as Antarctic Minke Whale, Bryde’s Whale, Fin Whale, Pygmy Right Whale, Sei Whale, Sperm Whale, Killer Whale, and Great White Shark, based on their inclusion in the appendices of the Bonn Convention. The Act's jurisdiction extends to all migratory species listed under its purview, impacting individuals, entities, and industries involved in activities that may affect these species, whether directly or indirectly. The amendment is effective from 23 December 2002 and is designed to enhance the protection of these migratory species within Australia’s territorial boundaries and beyond, ensuring compliance with international conservation efforts. The Act's reach is comprehensive, covering all aspects of conduct and transactions that may impact these species, with specific provisions that can be extended or restricted through subordinate instruments.

Key Provisions

The legislative instrument amends the List of Migratory Species under section 209(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it adds several new migratory species to this list in accordance with their inclusion in the appendices of the Bonn Convention (subsection 209(1)). The species added include the Antarctic Minke Whale (Balaenoptera bonaerensis), Bryde’s Whale (Balaenoptera edeni), Fin Whale (Balaenoptera physalus), Pygmy Right Whale (Caperea marginata), Sei Whale (Balaenoptera borealis), Sperm Whale (Physeter macrocephalus), Killer Whale (Orcinus orca), and the Great White Shark (Carcharodon carcharias). These amendments are effective from 23 December 2002, as stipulated in the instrument. Under the EPBC Act, these amendments impose specific obligations on the parties or entities they govern. Primarily, this includes enhanced regulatory oversight and protection measures for the listed migratory species. Parties such as federal and state governments, businesses, and individuals must now comply with any additional protective measures or restrictions that may be implemented under the Act to safeguard these species. This could involve restrictions on activities that may adversely impact these species, such as fishing practices, shipping routes, and other human activities in marine environments. Failure to comply with the provisions of the EPBC Act, including those related to the protection of listed migratory species, may result in legal consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines and, in some cases, the requirement to undertake remedial actions to mitigate any harm caused. Criminal penalties may also apply, which can include substantial fines and imprisonment for individuals or corporate entities found guilty of serious breaches. The maximum penalties vary depending on the nature and severity of the offence but are designed to ensure compliance and the effective protection of endangered and migratory species.