Environment Protection and Biodiversity Conservation Act 1999 - Determination of Assessment Period for Items for Inclusion in Subdivision A Lists (20/02/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This includes the protection of threatened species, threatened ecological communities, and key threatening processes. The Act was introduced to address the need for a comprehensive and coordinated approach to environmental protection at a national level, ensuring that federal, state, and territory laws work together to preserve and enhance Australia's natural heritage. The EPBC Act empowers the Minister for the Environment and Water Resources to make determinations, such as setting assessment periods for the inclusion of items in threatened species, communities, and processes lists. This legislative instrument, issued under the authority of the Minister, establishes the commencement date for the first twelve-month assessment period, as required by the Act, thereby facilitating timely and effective environmental conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, and this Determination under subsection 194C(2) sets the commencement date for the first twelve-month assessment period for the Threatened Species Scientific Committee to assess items for inclusion in a Subdivision A List. This list pertains to threatened species, threatened ecological communities and key threatening processes as outlined in sections 178, 181, and 183 of the EPBC Act respectively. The Determination applies to the Minister for the Environment and Water Resources and the Threatened Species Scientific Committee, establishing that the assessment period will begin on 1 October 2007. The application of this Determination is limited to the Commonwealth of Australia and does not extend to state or territory jurisdictions. As this Determination is a legislative instrument under the Legislative Instruments Act 2003, its provisions come into effect on the day after it is registered on the Federal Register of Legislative Instruments. It is important to note that no consultation has taken place with respect to this instrument as it is of a machinery nature only.

Key Provisions

The key provisions of the Determination (F2007L00563) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the setting of the commencement date for the first twelve-month assessment period for the Threatened Species Scientific Committee to evaluate items for potential inclusion in the Subdivision A List. According to Section 194C(2) of the EPBC Act, the Minister must establish this date, which must not exceed 12 months from the commencement of Section 194C. The Determination sets the commencement date as 1 October 2007, in line with the requirements of paragraph 194C(1)(a). The obligations and requirements imposed by the Act on the relevant parties, primarily the Threatened Species Scientific Committee, include the timely assessment of items for inclusion in the Subdivision A List. This list, as outlined in Section 194B, comprises the lists of threatened species, threatened ecological communities, and key threatening processes. The Committee must adhere to the specified assessment period, ensuring that evaluations are conducted within the prescribed timeframe. Additionally, the Determination must be made within three months after the section's commencement, as mandated by subsection 194C(2) of the EPBC Act. In terms of breaches and penalties, the Determination itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure to comply with the obligations under the EPBC Act, including the timely assessment of items for the Subdivision A List, may lead to broader legal repercussions under the Act. The EPBC Act provides for various enforcement mechanisms, including fines and imprisonment for serious offences, as well as civil penalties for breaches of specific provisions. For instance, Section 476 of the EPBC Act stipulates that a person who contravenes the Act may be liable for a civil penalty of up to AUD 666,000 for a corporation and AUD 133,200 for an individual, along with potential criminal penalties. The precise consequences would depend on the nature and severity of the breach.