Inclusion of ecological communities in the list of threatened ecological communities under section 181 of the Environment Protection and Biodiversity Conservation Act 1999 (15/12/2008)

Legislation au F2009L00028 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Instrument under sections 184(1)(a) and (b)

 

(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:

1. 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:

  • Natural grasslands on basalt and fine-textured alluvial plains of northern New South Wales and southern Queensland; and

including in the list in the endangered category:

  •      Natural grasslands of the Queensland Central Highlands and the northern Fitzroy Basin

as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered and endangered ecological communities in s182 of the Act.             

The Committee concluded that the Natural grasslands on basalt and fine-textured alluvial plains of northern New South Wales and southern Queensland ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

  • Criterion 1 as critically endangered because its decline in geographic distribution is very severe;
  • Criterion 2 as endangered because 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; and
  • Criterion 4 as vulnerable because although the reduction in integrity across most of its geographic distribution is severe as indicated by degradation of the ecological community, there is the possibility of regeneration within the near to immediate future.

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.

The Committee concluded that the Natural grasslands of the Queensland Central Highlands and the northern Fitzroy Basin ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

  • Criterion 1 as vulnerable because its decline in geographic distribution is substantial;
  • Criterion 2 as endangered because 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;
  • Criterion 4 as vulnerable because although the reduction in integrity across most of its geographic distribution is severe as indicated by degradation of the ecological community, there is the possibility of regeneration within the near to immediate future; and
  • Criterion 5 as endangered because the rate of continuing detrimental change is severe as indicated by a rate of continuing decline in its geographic distribution.

On the basis of the advice of the Committee, I am satisfied that this ecological community is eligible to be included in the endangered category.

In deciding to include these two ecological communties are on the list, I only considered matters that relate to whether they are eligible to be included in those categories, or the effect that including the ecological communities in those categories could have on the survival of the ecological communities.

A general description of the ecological communities are included in the Instrument. However, a detailed description can be found in the Committee’s listing advice on the Departments website at www.environment.gov.au/epbc

Consultation on the nomination to amend the list of threatened ecological communities under the Act to include these ecological communities 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.

 

2.  Amend the list of threatened ecological communities under the Act in accordance with section 184(1)(b) of the Act by:

deleting from the list in the endangered category:

  • Bluegrass (Dichanthium spp.) dominant grasslands of the Brigalow Belt Bioregions (north and south);

The Committee concluded that upon listing of two new ecological communities, the listing of ‘Bluegrass (Dichanthium spp.) dominant grasslands of the Brigalow Belt Bioregions (north and south)’ is no longer contributing to the survival of the ecological community. Continuous protection of the Bluegrass ecological community will be achieved by replacing the current listing with ‘Natural grasslands on basalt and fine-textured alluvial plains of northern New South Wales and southern Queensland’ and ‘Natural grasslands of the Queensland Central Highlands and the northern Fitzroy Basin’ These two distinct ecological communities will incorporate Bluegrass (Dichanthium spp.) and Plains Grass (Austrostipa aristiglumis) and will be divided on climatic, geographic and broader floristic grounds.

On the basis of the advice of the Committee, I am satisfied that the inclusion of this ecological community in the endangered category is not contributing to its survival.

In deciding to delete it from the list, I only considered matters that relate to the effect that the inclusion in the endangered category is having on 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 of the environment, particularly in relation to biodiversity and ecological communities. The Act aims to safeguard threatened species and ecological communities by placing obligations on the Commonwealth. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, amends the list of threatened ecological communities under the Act. The amendments include the addition of two ecological communities to the critically endangered and endangered categories based on the recommendations of the Threatened Species Scientific Committee, and the removal of a previously listed ecological community from the endangered category. The purpose of these amendments is to ensure that the Act effectively protects and conserves the identified ecological communities, reflecting their current conservation status and the potential impact of including or excluding them from the threatened categories. Public consultation was conducted as required by the Act, ensuring that relevant parties were given the opportunity to provide input on the proposed changes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 is a Commonwealth Act that applies to the protection and conservation of threatened species, ecological communities, and heritage places. This Act extends to the whole of Australia, including its territorial sea, and applies to actions taken by the Commonwealth, its agencies, and persons or entities under its control. The Act provides a framework for assessing and approving certain actions that may impact on matters of national environmental significance. This legislative instrument amends the list of threatened ecological communities under the Act by including new communities in the critically endangered and endangered categories and removing an existing community from the endangered category. The amendments are based on the recommendations of the Threatened Species Scientific Committee, which assessed the eligibility of these communities according to specified criteria. The instrument is designed to improve the protection and conservation of these ecological communities by ensuring that appropriate measures are in place. The instrument does not contain any exclusions, exemptions, or thresholds, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes provisions for the protection and conservation of threatened ecological communities, which are now being amended by this legislative instrument (section 184(1)(a) and (b)). This amendment primarily concerns the addition and removal of specific ecological communities from the list of threatened ecological communities under the Act. The two new communities to be included are the Natural grasslands on basalt and fine-textured alluvial plains of northern New South Wales and southern Queensland, categorised as critically endangered, and the Natural grasslands of the Queensland Central Highlands and the northern Fitzroy Basin, categorised as endangered. These additions are based on the advice of the Threatened Species Scientific Committee, which evaluated the ecological communities against specific criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. This Act imposes obligations on the Commonwealth to ensure the protection and conservation of the listed threatened ecological communities. The Act requires that actions which are likely to have a significant impact on these communities are assessed, and appropriate measures are implemented to mitigate any potential harm. The legislative instrument details the specific criteria that have been met for each ecological community to be included in their respective categories, highlighting the severity of decline and the risk of loss due to threatening processes. Additionally, the Act mandates consultation with relevant experts and the public, which was conducted before the legislative instrument was finalised. Failure to comply with the obligations set out in this Act can result in various civil and criminal consequences. Although the specific penalties are not detailed in the Act itself, the general penalty provisions for breaches of environmental laws can include fines and imprisonment. The severity of the penalty depends on the nature and extent of the breach, with more serious offences potentially resulting in higher fines and longer periods of imprisonment. It is important to note that these penalties are designed to enforce compliance and deter future breaches of the Act, thereby protecting the threatened ecological communities and ensuring their conservation. In summary, the Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, imposes specific obligations on the Commonwealth to protect and conserve threatened ecological communities. The Act requires the inclusion of new communities in the list of threatened ecological communities, based on expert advice and rigorous criteria. Non-compliance with these obligations can lead to civil and criminal penalties, reinforcing the importance of adhering to the Act’s provisions for the protection of these vital ecological communities.

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