EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)
(Issued under the Authority of the Minister for the Environment and Heritage)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and recognise, and where possible abate, key threatening processes listed on the lists of threatened species, ecological communities and key threatening processes under the Act.
The purpose of this instrument is to amend the list of threatened ecological communities under the Act in accordance with s184 by including in the list in the critically endangered category:
- Swamp Tea-tree (Melaleuca irbyana) Forest of South-east Queensland
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered ecological communities in s182 of the Act.
The Committee’s recommendations are as follows:
- Swamp Tea-tree (Melaleuca irbyana) Forest of South-east Queensland
The evidence presented in the nomination and submitted by experts in the field enabled the Committee to judge that the Swamp Tea-tree (Melaleuca irbyana) Forest of South-east Queensland ecological community is eligible for listing as critically endangered under the Act. The ecological community met the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, one of the criteria for listing as critically endangered, and one of the criteria for listing as vulnerable have been met. These are:
Criterion 1: Its decline in geographic distribution is substantial.
Criterion 2: Its geographic distribution is very restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the immediate future.
On this basis, the Committee recommends that the ecological community be listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999.
On the basis of the advice of the Committee, I am satisfied that the ecological community is eligible to be included in the critically endangered category.
In deciding to include this ecological community in the list, I did not consider any matter that does not relate to the survival of the ecological community.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide a framework for the protection and conservation of the environment, particularly focusing on threatened species and ecological communities. This Act was introduced to address the need for a comprehensive legislative approach to environmental protection at a national level, ensuring that the Commonwealth can effectively manage and conserve biodiversity. The Act was passed by the Australian Parliament with the policy objective of safeguarding Australia's natural heritage and mitigating the impact of activities that could threaten its ecological integrity. This instrument, issued under the authority of the Minister for the Environment and Heritage, aims to update the list of threatened ecological communities by including the Swamp Tea-tree (Melaleuca irbyana) Forest of South-east Queensland in the critically endangered category, as recommended by the Threatened Species Scientific Committee. This decision aligns with the criteria specified in section 182 of the Act and follows a thorough evaluation by experts, confirming the ecological community's eligibility based on significant declines in its geographic distribution and its highly restricted and vulnerable nature.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and individuals involved in activities that may impact on matters of national environmental significance, including threatened species and ecological communities. This legislation imposes obligations on the Commonwealth to protect and conserve these elements, and to recognise and mitigate key threatening processes. The Act's application is national in scope, covering all of Australia, and it extends to both Commonwealth and non-Commonwealth actions that trigger the Act's provisions. The Act's jurisdiction is further defined by the EPBC Regulations, which provide more detailed guidance on the types of actions that require approval or assessment under the Act. This particular legislative instrument amends the list of threatened ecological communities by including the Swamp Tea-tree (Melaleuca irbyana) Forest of South-east Queensland in the critically endangered category, based on recommendations from the Threatened Species Scientific Committee. This decision is in accordance with the criteria set out in the Act and the EPBC Regulations, specifically focusing on the geographic decline and restricted distribution of the ecological community, making it vulnerable to loss due to threatening processes. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and came into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main sections of this legislation relate to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 184(1) provides the authority for the Minister for the Environment and Heritage to amend the list of threatened species, ecological communities, and key threatening processes. Under this section, the Act can be amended by including new ecological communities in the list of threatened categories, as recommended by the Threatened Species Scientific Committee (s184). The Swamp Tea-tree (Melaleuca irbyana) Forest of South-east Queensland has been recommended for inclusion in the critically endangered category based on the evidence presented and the criteria set out in the Act.
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that actions do not harm listed threatened species, ecological communities, or key threatening processes. The Act requires the Minister to consider the recommendations of the Threatened Species Scientific Committee when deciding whether to include a particular ecological community in the list. This committee provides expert advice based on scientific evidence and criteria set out in the Act. The Act also mandates the Minister to ensure that any decisions regarding the listing of threatened species or ecological communities are based solely on matters that relate to the survival of the ecological community.
In terms of potential offences, breaches of the Act can result in both civil and criminal penalties. For example, actions that result in the destruction or adverse modification of a listed threatened species or ecological community can lead to significant fines. Under section 474, the maximum penalty for an individual is AUD 360,000 or imprisonment for up to five years, or both. For a body corporate, the maximum penalty is AUD 1.8 million or imprisonment for up to five years, or both. Additionally, the Act provides for civil remedies such as injunctions and damages for harm caused to listed threatened species or ecological communities. These penalties and consequences underscore the importance of compliance with the Act’s requirements to protect and conserve threatened ecological communities.