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:
- Natural Temperate Grassland of the Victorian Volcanic Plain
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 Natural Temperate Grassland of the Victorian Volcanic Plain 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 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;
- Criterion 4 as critically endangered because the reduction in integrity across most of its geographic distribution is very severe as indicated by degradation of the ecological community or disruption of important ecological community processes that is very severe; and
- Criterion 5 as vulnerable because the rate of continuing detrimental change is substantial as indicated by a rate of continuing decline in its geographic distribution that is serious.
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 (the Act) was enacted to address the need for comprehensive protection and conservation of Australia’s biodiversity, including threatened ecological communities. This Act places specific obligations on the Commonwealth to safeguard and conserve such communities, ensuring that they are protected from detrimental changes. The Act was introduced to fill a critical gap in environmental protection, offering a framework that ensures the sustainability and conservation of Australia’s unique ecological systems. The instrument under section 184(1)(a), issued under the authority of the Minister for the Environment, Heritage and the Arts, seeks to amend the list of threatened ecological communities by including the Natural Temperate Grassland of the Victorian Volcanic Plain in the critically endangered category, following recommendations from the Threatened Species Scientific Committee. This legislative instrument aims to bolster the protection of this specific ecological community, ensuring its survival amidst the threats it faces.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the entire Commonwealth of Australia, with its provisions extending to the protection and conservation of threatened ecological communities across the nation. This Act places specific obligations on the Commonwealth, including the responsibility to maintain and safeguard ecological communities that are identified as threatened. The Act encompasses various entities, including individuals, corporations, and government agencies, that may engage in activities impacting these communities. Conduct and transactions that may affect listed threatened ecological communities are subject to the provisions of the Act, which aims to prevent harm and promote conservation efforts. The Act's jurisdictional reach is national, ensuring that all activities within Australia must comply with its requirements. However, certain exclusions and exemptions may apply, and the application of the Act can be further refined through subordinate instruments. These subordinate instruments can extend or restrict the application of the Act, providing detailed regulations and guidelines to support the overarching objectives of ecological conservation and protection.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) sets out various provisions for the protection and conservation of threatened ecological communities. Section 184(1)(a) provides authority for the Minister to amend the list of threatened ecological communities, as per the recommendations of the Threatened Species Scientific Committee (the Committee). In this instance, the Committee recommended the inclusion of the Natural Temperate Grassland of the Victorian Volcanic Plain in the critically endangered category, based on its findings under various criteria outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000.
The Act imposes specific obligations on the Commonwealth to protect and conserve threatened ecological communities. The Minister's decision to include the Natural Temperate Grassland of the Victorian Volcanic Plain in the critically endangered category under the Act is based on the Committee's recommendation, which assessed the ecological community against criteria such as decline in geographic distribution, restricted geographic distribution, and the severity of degradation. This listing requires the Commonwealth to take additional measures to protect and conserve this ecological community, as outlined in the Act.
Failure to comply with the obligations and requirements imposed by the Act may result in both civil and criminal consequences. Section 487 of the Act provides for offences related to the protection of threatened ecological communities, including unauthorised actions that may harm these communities. The penalties for contravening the Act can include fines of up to $66,000 for individuals and up to $330,000 for corporations, as well as potential imprisonment terms. In addition to criminal penalties, the Act also provides for civil remedies, such as injunctions and damages, to address breaches of the Act and to provide for the protection and conservation of threatened ecological communities.