EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(Issued under the Authority of the
Minister for the Environment, Heritage and the Arts)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.
The purpose of this instrument is to amend the list of threatened ecological communities under the Act in accordance with section 184(1)(a) of the Act by including in the list in the critically endangered category:
- Littoral Rainforest and Coastal Vine Thickets of Eastern Australia
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 concluded that the Littoral Rainforest and Coastal Vine Thickets of Eastern Australia ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 2 as critically endangered because 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; and
- Criterion 4 as critically endangered because the reduction in integrity across most of its geographic distribution is very severe as indicated by a very severe degradation of the ecological community or disruption of important ecological community processes.
On the basis of the advice of the Committee, I am satisfied that this ecological community is eligible to be included in the critically endangered category. In deciding to include it in the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category, or the effect that including the ecological community in that category could have on the survival of the ecological community.
Consultation on the nomination to amend the list of threatened ecological communities under the Act to include this ecological community was undertaken before the legislative instrument was made. The nomination was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views.
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 was enacted to address the need for a comprehensive legal framework to protect and conserve Australia's biodiversity and ecological heritage. This Act imposes specific obligations on the Commonwealth to safeguard threatened species and ecological communities, ensuring that environmental considerations are integrated into decision-making processes. The Act aims to provide a mechanism for the protection of biodiversity in a manner that balances environmental, social, and economic interests.
In line with its policy objective, the Act includes provisions for the listing of threatened ecological communities. The explanatory statement outlines an instrument under section 184(1)(a) of the Act, which was issued under the authority of the Minister for the Environment, Heritage and the Arts. The instrument amends the list of threatened ecological communities to include "Littoral Rainforest and Coastal Vine Thickets of Eastern Australia" in the critically endangered category, following recommendations by the Threatened Species Scientific Committee. This decision was based on the community's very restricted geographic distribution and severe degradation, meeting the criteria specified in the Environment Protection and Biodiversity Conservation Regulations 2000. Public consultation was conducted as required by the Act, ensuring that relevant expertise and community views were considered in the decision-making process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to all persons and entities within Australia, including individuals, corporations, and government bodies, with respect to activities that may impact threatened species and ecological communities. The Act's jurisdiction is national, covering the entire Commonwealth of Australia, and it imposes obligations to protect and conserve threatened ecological communities as part of its environmental mandate. Specifically, this legislative instrument amends the list of threatened ecological communities by adding Littoral Rainforest and Coastal Vine Thickets of Eastern Australia to the critically endangered category, as recommended by the Threatened Species Scientific Committee. The inclusion is based on criteria such as the restricted geographic distribution and severe reduction in integrity of these ecological communities, making them highly susceptible to extinction. This legislative instrument does not create new substantive obligations beyond those already established by the Act but rather refines the list of protected communities to ensure comprehensive coverage under national environmental law. The changes made by this instrument are effective from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) imposes several obligations on the Commonwealth, including the duty to protect and conserve threatened ecological communities. This Act specifically mandates that certain ecological communities be listed as threatened, which in turn triggers a range of protective measures. The legislative instrument issued under section 184(1)(a) of the Act amends the list of threatened ecological communities to include Littoral Rainforest and Coastal Vine Thickets of Eastern Australia in the critically endangered category. This decision was based on the recommendation of the Threatened Species Scientific Committee, which determined that these communities meet the criteria for being classified as critically endangered under the Act (s182).
Under the Act, the inclusion of an ecological community in the list of threatened species triggers a variety of obligations for both the government and other relevant parties. For example, the government must take steps to prevent the extinction of the listed ecological communities, which may include developing and implementing recovery plans, managing threats, and monitoring the ecological communities. Additionally, the Act requires that any proposed actions that might impact these listed communities undergo rigorous assessment to ensure they do not threaten the community's survival. This is particularly crucial for actions that might cause a significant impact on the listed community.
Breaching the obligations set out in the Act, particularly those concerning the protection of listed threatened ecological communities, can lead to both civil and criminal penalties. The Act provides for a range of sanctions, including fines and imprisonment, depending on the severity of the breach. For example, knowingly or recklessly causing harm to a listed threatened ecological community could result in a substantial fine or imprisonment for individuals, and even greater penalties for corporations. The maximum penalties are specified in other parts of the Act and can vary significantly based on the nature and extent of the offence. The Act is designed to ensure compliance and to provide robust protections for the ecological communities listed under it.