Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to provide a comprehensive framework for the protection and conservation of Australia's environment, including threatened species and ecological communities. This legislation addresses the gap in conservation efforts by placing obligations on the Commonwealth to establish and amend lists of threatened species, threatened ecological communities, and key threatening processes. It also empowers the Minister for the Environment, Heritage and the Arts to determine conservation themes that should be prioritised during specific assessment periods. The policy objective of this Act is to ensure the protection and conservation of Australia's unique biodiversity through a coordinated and proactive approach. The instrument under section 194D of the EPBC Act was issued to establish the conservation themes for the assessment period commencing 1 October 2009. These themes include "Terrestrial, estuarine and near-shore environments of Australia’s coasts" and "Rivers, wetlands and groundwater dependent species and ecosystems of inland Australia." The Threatened Species Scientific Committee recommended these themes due to their vulnerability to ongoing development pressures, climate change, drought, flooding, flow regulation, and land use change. The Minister for the Environment, Heritage and the Arts had regard to the advice provided by the Committee and determined that these conservation themes should be prioritised.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the Commonwealth's responsibility to protect and conserve threatened species and ecosystems, including the obligation to maintain and update lists of threatened species, ecological communities, and key threatening processes. The Act applies to any person or entity involved in actions that may impact on matters protected under the Act, encompassing a broad range of industries and activities that could potentially affect biodiversity. The geographic scope of the Act is national, as it is a Commonwealth law, thereby affecting actions across Australia. The Act extends its application through subordinate instruments such as this one, which establishes specific conservation themes for priority assessment periods. The current instrument designates "Terrestrial, estuarine and near-shore environments of Australia’s coasts" and "Rivers, wetlands and groundwater dependent species and ecosystems of inland Australia" as priority conservation themes for the assessment period starting 1 October 2009, following advice from the Threatened Species Scientific Committee. This determination was made in light of identified vulnerabilities and threats to these ecosystems, including development pressures, climate change, drought, flooding, and land use changes.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has provisions for the Minister to establish conservation themes to be prioritised during a specified assessment period, under section 194D(1). This instrument specifies two conservation themes to be given priority: "Terrestrial, estuarine and near-shore environments of Australia’s coasts" and "Rivers, wetlands and groundwater dependent species and ecosystems of inland Australia" (subsection 194D(1)). This determination applies from 1 October 2009, the date the instrument is registered on the Federal Register of Legislative Instruments. Under the EPBC Act, the Minister must consider advice from the Threatened Species Scientific Committee (TSSC) when determining conservation themes, as stipulated in section 194D(3). The TSSC recommended these themes based on their vulnerability to development pressures, climate change, drought, flooding, flow regulation, and land use changes, which the Minister took into account. The Act, therefore, imposes an obligation on the Minister to consult with the TSSC and to consider their recommendations before establishing priority conservation themes. Non-compliance with the EPBC Act's provisions could result in legal consequences. The Act includes various sections that outline offences and penalties for breaches, such as unauthorised actions affecting listed threatened species, communities, or processes. While the specific penalties are not detailed in this instrument, they can include fines and imprisonment, as outlined in other sections of the EPBC Act. The Act also allows for civil remedies, such as injunctions and damages, for those adversely affected by non-compliance. The instrument itself does not specify particular penalties but refers to the overarching framework provided by the EPBC Act, which sets out the potential civil and criminal consequences for breaches. The Act’s regulatory scheme includes enforcement mechanisms to ensure compliance with its provisions, thereby protecting Australia’s biodiversity and ecosystems. This legislative framework is critical in guiding the actions of entities and individuals involved in activities that may impact on listed species and ecological communities.