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:
- Monsoon vine thickets on the coastal sand dunes of Dampier Peninsula
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities under subsection 182(2) of the Act.
The Committee concluded that the Monsoon vine thickets on the coastal sand dunes of Dampier Peninsula ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 2 as vulnerable because its geographic distribution is restricted due to fragmented patch sizes and area of occupancy and the action of a threatening process could cause it to be lost in the medium-term future; and
- Criterion 4 as endangered because the reduction in integrity across most of its range is severe as indicated by severe degradation of the community and disruption to community processes.
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.
Statement of compatibility with human rights
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Legislative Instrument does not engage any of the applicable rights or freedoms.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for a robust framework to protect and conserve Australia's biodiversity, including threatened ecological communities. This Act provides the legislative basis for the Commonwealth to impose obligations on entities to protect these communities. In response to recommendations from the Threatened Species Scientific Committee, a legislative instrument was issued under section 184(1)(a) of the Act to amend the list of threatened ecological communities, specifically by adding Monsoon vine thickets on the coastal sand dunes of Dampier Peninsula to the endangered category. This amendment reflects the Committee's determination that this ecological community meets the criteria for endangered status, based on factors such as restricted geographic distribution and severe degradation of community integrity. The legislative process involved public consultation and consideration of relevant expert views, ensuring a transparent approach in making this important update to the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the entire Commonwealth of Australia, imposing obligations on the federal government to protect and conserve Australia's biodiversity, including threatened species and ecological communities. This legislation covers a wide range of entities, including individuals, corporations, and government bodies, and pertains to conduct and transactions that may impact listed threatened species or ecological communities. The Act extends its reach by allowing for the creation of subordinate instruments to further specify the application of its provisions, such as the inclusion of particular ecological communities in the list of threatened species. In this instance, the EPBC Act is used to amend the list of threatened ecological communities by including Monsoon vine thickets on the coastal sand dunes of Dampier Peninsula in the endangered category, based on the advice of the Threatened Species Scientific Committee. This amendment is made through a legislative instrument that follows the required consultation and public exhibition processes as outlined in the Act. The legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main operative sections of this instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) are sections 181, 182, 184(1)(a), and 184(2). Section 181 pertains to the listing of threatened ecological communities, while section 182 outlines the criteria for determining the eligibility of an ecological community for inclusion in the endangered category. Section 184(1)(a) authorises the Minister to amend the list of threatened ecological communities based on recommendations from the Threatened Species Scientific Committee (the Committee). Section 184(2) sets out the process for making such amendments, which includes public consultation and consideration of the Committee's advice.
The Act imposes specific obligations on the Commonwealth to protect and conserve threatened ecological communities, including those listed in the endangered category. The obligations include taking measures to prevent the decline of these communities, promoting their recovery, and ensuring that any actions that may impact them are assessed and managed appropriately. The inclusion of Monsoon vine thickets on the coastal sand dunes of Dampier Peninsula in the endangered category means that additional protective measures must be implemented to safeguard the community's integrity and prevent further degradation.
Breaches of the Act or failure to comply with the obligations imposed by it can result in both civil and criminal consequences. For example, unauthorised actions that have a significant impact on a listed threatened ecological community can lead to penalties under section 487 of the Act. The maximum penalty for a corporation can be up to $66,000,000, while the maximum penalty for an individual can be up to $1,650,000 or imprisonment for up to 10 years, or both. In addition to these penalties, individuals may also face fines for civil penalties as stipulated in the Environment Protection and Biodiversity Conservation Regulations 2000.
The instrument also includes a statement of compatibility with human rights, confirming that it does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This indicates that the legislative changes do not infringe upon any recognised human rights and are consistent with Australia's international obligations under human rights treaties.