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 endangered category:
- Alpine Sphagnum Bogs and Associated Fens
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 concluded that the Alpine Sphagnum Bogs and Associated Fens ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- 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 3 as endangered because the decline of functionally important species is severe to the extent that restoration of the community is not likely to be possible in the near future; and
- Criterion 4 as endangered because the reduction in community integrity across most of its geographic distribution is such that regeneration is unlikely to occur in the near future even with positive human intervention.
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 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, particularly focusing on threatened species and ecological communities. The Act was introduced by the Australian Parliament to provide a robust legal framework for the preservation of ecological communities that are at risk of extinction or significant degradation. This instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, aims to amend the list of threatened ecological communities under the Act by adding Alpine Sphagnum Bogs and Associated Fens to the endangered category, as recommended by the Threatened Species Scientific Committee. The Committee assessed the ecological community against specific criteria and concluded that it met the conditions for endangered status due to its restricted distribution, severe decline, and low likelihood of natural regeneration.
This legislative instrument was developed in accordance with the requirements of the Act, including public consultation and expert review. The inclusion of Alpine Sphagnum Bogs and Associated Fens in the endangered category is intended to provide additional protection for this vulnerable ecological community, ensuring that appropriate conservation measures are implemented to safeguard its survival. 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.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all persons and entities within the Commonwealth of Australia, encompassing any activities, projects, or developments that may have a significant impact on matters of national environmental significance. The EPBC Act imposes certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and it extends its jurisdiction to cover actions and projects occurring within Australian territory or under Australian control overseas. This includes various industries and sectors, requiring them to assess and mitigate any potential impacts on threatened species and communities. The Act also provides for the listing of threatened ecological communities and species, which are subject to protection and conservation measures. This particular legislative instrument amends the list of threatened ecological communities by adding Alpine Sphagnum Bogs and Associated Fens to the endangered category, based on the recommendations of the Threatened Species Scientific Committee and criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The inclusion of this ecological community in the endangered category follows consultation and public exhibition processes as mandated by the Act. While the Act generally applies broadly across Australia, any specific exclusions or exemptions are detailed within the legislative text or subordinate regulations.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) mandates certain obligations on the Commonwealth to protect and conserve threatened ecological communities. Section 184(1)(a) of the Act allows for the amendment of the list of threatened ecological communities, as implemented by this legislative instrument, which aims to include Alpine Sphagnum Bogs and Associated Fens in the endangered category. This decision follows the recommendation of the Threatened Species Scientific Committee, which assessed the ecological community against the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000. According to the Committee, the Alpine Sphagnum Bogs and Associated Fens meet the criteria for being classified as endangered due to its restricted geographic distribution, severe decline of functionally important species, and significant reduction in community integrity, making natural regeneration unlikely in the near future.
Under this Act, the Commonwealth is required to implement measures to protect and conserve the listed ecological communities. Specifically, Section 182 of the Act defines endangered ecological communities, and the inclusion of Alpine Sphagnum Bogs and Associated Fens in this category imposes obligations on the Commonwealth to ensure their conservation. This includes taking measures to mitigate threatening processes and undertaking actions to restore and maintain the integrity of these communities. The Act also requires the Commonwealth to consult with relevant parties, including those with expertise, when considering amendments to the list of threatened ecological communities, as demonstrated by the consultation process undertaken prior to the enactment of this instrument.
Failure to comply with the obligations imposed by the Act can lead to significant consequences. While specific offences and penalties are not detailed in this instrument, breaches of the Act can result in civil and criminal penalties. Under Section 511 of the Act, for example, a person who knowingly engages in an action that is likely to harm a threatened ecological community can be subject to substantial fines, up to $666,000 for individuals and $3.3 million for corporations, or imprisonment for up to five years, or both. Additionally, the Act provides for the imposition of enforcement notices and the establishment of recovery plans to address breaches and ensure compliance with conservation requirements.