EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Declaration 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 Australian Government 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 declaration is to amend the list of ecological communities under the Act in accordance with s184 by including in the list in the endangered category:
- Upland Wetlands of the New England Tablelands (New England Tableland Bioregion) and the Monaro Plateau (South Eastern Highlands Bioregion)
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities in s182 of the Act.
The Committee’s recommendation is as follows:
1. Upland Wetlands of the New England Tablelands (New England Tableland Bioregion) and the Monaro Plateau (South Eastern Highlands Bioregion)
The evidence presented in the nomination and submitted by stakeholders, the public and experts in the field enabled the Committee to judge that the Upland Wetlands of the New England Tablelands (New England Tableland Bioregion) and the Monaro Plateau (South Eastern Highlands Bioregion) ecological community is eligible for listing as 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 endangered:
Criterion 2: Its geographic distribution is 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 near future.
On this basis, the Committee recommends that the ecological community Upland Wetlands of the New England Tablelands (New England Tableland Bioregion) and the Monaro Plateau (South Eastern Highlands Bioregion), be listed as 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 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 was enacted to address the need for a comprehensive legal framework to protect Australia's biodiversity and threatened species. This Act establishes a robust system for the protection of threatened species, ecological communities, and the mitigation of key threatening processes. The Parliament of Australia introduced this legislation to ensure that the Australian Government has the necessary obligations and powers to conserve and protect the nation's biodiversity. The policy objective of the Act is to provide a unified approach to environmental protection and biodiversity conservation, thereby ensuring the survival of threatened species and ecological communities. This explanatory statement concerns a declaration under section 184(1) of the Act, which aims to amend the list of endangered ecological communities by including the Upland Wetlands of the New England Tablelands and the Monaro Plateau, as recommended by the Threatened Species Scientific Committee. This action is taken in response to the Committee's findings that these ecological communities meet the criteria for listing as endangered, specifically due to their restricted geographic distribution and vulnerability to threatening processes.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities and activities within Australia, including both Commonwealth and non-Commonwealth actions that have, will, or might have a significant impact on matters of national environmental significance. This includes protecting and conserving threatened species and ecological communities, and recognising and mitigating key threatening processes. The Act applies to individuals, corporations, and other legal entities involved in activities that may impact these matters. Geographically, the Act has a national reach, extending across all states, territories, and Commonwealth areas in Australia. However, the Act does not cover all ecological communities and threatened species; its application is contingent upon meeting specific criteria set out in the Act and its regulations, such as the geographic distribution and vulnerability to threatening processes. The inclusion of specific ecological communities in the endangered category is based on recommendations from the Threatened Species Scientific Committee and must align with the criteria for listing in the Act. Subordinate instruments may further refine the application of the Act by detailing specific processes or thresholds for listing and protection.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes specific provisions that require the listing of threatened species, ecological communities, and key threatening processes. Section 184(1) of the Act allows for the amendment of these lists through legislative instruments, such as the declaration issued under the authority of the Minister for the Environment and Heritage (s184(1)). This particular declaration adds two ecological communities to the list of endangered ecological communities: the Upland Wetlands of the New England Tablelands (New England Tableland Bioregion) and the Monaro Plateau (South Eastern Highlands Bioregion). These additions follow a recommendation by the Threatened Species Scientific Committee (s182), which assessed the eligibility of these communities based on specified criteria, including restricted geographic distribution and vulnerability to threatening processes (Part 7, Division 7.1 and 7.2 of the EPBC Regulations).
The Act imposes several obligations on the Australian Government concerning these newly listed endangered ecological communities. It mandates the protection and conservation of these communities and requires the recognition and abatement of key threatening processes that may affect them. Under this Act, the government must ensure that any action that may significantly impact these communities is subject to rigorous assessment and approval processes. This includes considering the potential effects on the ecological communities when issuing approvals for activities that may threaten them.
Breaches of the EPBC Act can result in both civil and criminal penalties. For example, unauthorised actions that significantly harm listed threatened species or ecological communities can be subject to substantial fines. The maximum penalties include fines of up to $666,666 for individuals and up to $3,333,330 for corporations, reflecting the seriousness of the violations. Additionally, officers authorised under the Act can impose on-the-spot fines for certain offences, with the maximum amount for individuals being $7,500 and for corporations $37,500. These provisions underscore the Act's commitment to enforcing strict measures to safeguard endangered ecological communities.