EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(Issued under the Authority of the
Minister for Sustainability, Environment, Water, Population and Communities)
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 section 181 of the Act in accordance with paragraph 184(1)(a) of the Act by including in the list in the endangered category:
- Arnhem Plateau Sandstone Shrubland Complex
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities under subsection 182(1) of the Act.
The Committee concluded that the Arnhem Plateau Sandstone Shrubland Complex 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 the very restricted geographic distribution, based on the fragmentation of remnants into small patch sizes, 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 loss or decline of functionally important species is severe;
- Criterion 4 as endangered because the reduction in integrity by degradation of the community is severe; and
- Criterion 5 as endangered because the rate of continuing detrimental change is severe and is projected to continue in the near future.
On the basis of the assessment and 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, and 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 in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. 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. All public submissions received were forwarded to the Committee and to me for consideration.
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 (EPBC Act) was enacted to address the need for comprehensive protection and conservation of Australia’s environment, particularly in relation to biodiversity. This legislation was introduced by the Parliament of Australia to provide a legal framework that ensures the Commonwealth's responsibility for the protection of threatened species and ecological communities is upheld. The Act aims to safeguard ecological communities that are at risk, with a focus on preventing extinction and promoting their recovery. One of the key tools under the Act is the ability to list threatened ecological communities, which this instrument modifies by including the Arnhem Plateau Sandstone Shrubland Complex in the endangered category. This amendment was made following a recommendation from the Threatened Species Scientific Committee, which assessed the ecological community against specified criteria indicating severe threats to its survival. The instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, ensures that the listing process is informed by rigorous scientific evaluation and public consultation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a Commonwealth statute that places obligations on the Australian government to protect and conserve threatened ecological communities. The Act applies to any person or entity conducting activities that may impact these communities, including various industries such as agriculture, mining, and forestry. The geographic reach of the Act is national, as it pertains to the conservation of ecological communities throughout Australia. This instrument, under section 184(1)(a) of the Act, amends the list of threatened ecological communities by including the Arnhem Plateau Sandstone Shrubland Complex in the endangered category, following recommendations by the Threatened Species Scientific Committee. This addition to the list triggers additional protections and obligations under the Act for any activities that may impact this ecological community. The instrument also provides for exclusions, exemptions, or thresholds to be defined through subordinate instruments, which can further clarify or specify the application of the Act in particular contexts or for certain entities. The commencement of this instrument took effect on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The main sections of the legislative instrument (F2011L02420) pertain to the amendment of the list of threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (sections 181 and 184(1)(a)). This amendment adds the Arnhem Plateau Sandstone Shrubland Complex to the list of endangered ecological communities, following the recommendation of the Threatened Species Scientific Committee (section 182(1)). The decision to include this ecological community in the endangered category was based on the Committee's assessment that it met specific criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, including the restricted geographic distribution, loss of functionally important species, degradation of the community, and the severe rate of detrimental change (Division 7.1).
The Act imposes obligations on the Commonwealth to protect and conserve threatened ecological communities. These obligations include the duty to ensure that activities do not harm the listed communities and to take measures to prevent their extinction. The listing of the Arnhem Plateau Sandstone Shrubland Complex as endangered means that additional protections and management strategies must be implemented to safeguard this community from further decline. These measures may involve restricting activities that could adversely affect the community, enhancing habitat protection, and promoting restoration efforts.
Breach of the obligations under the Act can lead to civil and criminal consequences. For instance, any person who carries out an action that harms a listed threatened ecological community may be subject to penalties. Under the Act, the maximum penalty for individuals is six months imprisonment or a fine of up to AU$33,000, or both. For corporations, the penalties can be significantly higher, reaching up to AU$1.65 million. The severity of the penalties reflects the importance of protecting endangered ecological communities and the potential long-term environmental impact of non-compliance.