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 critically endangered category:
- Lowland Grassy Woodland in the South East Corner Bioregion
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered ecological communities under subsection 182(1) of the Act.
The Committee concluded that the Lowland Grassy Woodland in the South East Corner Bioregion
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 across its range;
- 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; and
- Criterion 4 as critically endangered because the ecological community has undergone a very severe reduction in community integrity, as indicated by degradation of the community and disruption of important community processes that is very severe.
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 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, 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.
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) aims to address the problem of protecting and conserving threatened ecological communities in Australia. Enacted by the Australian Parliament, the Act places certain obligations on the Commonwealth to safeguard these communities. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, seeks to amend the list of threatened ecological communities by including Lowland Grassy Woodland in the South East Corner Bioregion in the critically endangered category. This amendment follows a recommendation by the Threatened Species Scientific Committee, which assessed the ecological community against specified criteria under the Act. The policy objective of this legislative instrument is to provide legal protection to this critically endangered ecological community, thereby contributing to its conservation and management. Public consultation was undertaken in accordance with the Act, ensuring that the decision to list this ecological community was made with due consideration of all relevant factors and community input.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the Commonwealth Government and imposes obligations to protect and conserve threatened ecological communities, with specific focus on listing and categorising these communities based on their conservation status. This Act, along with its subsidiary regulations, pertains to the identification and protection of ecological communities across Australia, ensuring that the Commonwealth takes necessary actions to preserve these communities. The Act applies to all persons, entities, and industries within the Commonwealth’s jurisdiction, with a particular emphasis on actions and transactions that may impact listed threatened ecological communities. The Act has a national reach, extending across all states and territories within Australia. However, it should be noted that this legislative instrument specifically amends the list of threatened ecological communities under section 181 of the Act, including the Lowland Grassy Woodland in the South East Corner Bioregion in the critically endangered category, based on the assessment and recommendations of the Threatened Species Scientific Committee. The instrument, which is a legislative tool under the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments and is designed to be compatible with human rights as recognised in international instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) outlines the framework for the protection and conservation of threatened ecological communities within Australia. Section 181 of the Act mandates the listing of these communities, with the recent legislative instrument amending this list to include the Lowland Grassy Woodland in the South East Corner Bioregion in the critically endangered category (section 184(1)(a)). This amendment is based on the recommendation from the Threatened Species Scientific Committee, which assessed the community against the criteria specified in the Environment Protection and Biodiversity Conservation Regulations 2000.
Under the Act, the primary requirement is for the Commonwealth to protect and conserve these listed communities, ensuring measures are in place to prevent their further decline. The listing of the Lowland Grassy Woodland in the critically endangered category imposes specific obligations on parties and entities to manage and protect this ecological community. These obligations may include developing and implementing recovery plans, monitoring the community’s status, and mitigating threats to its survival. Additionally, any actions that may impact these communities must be assessed under the Act to ensure they do not lead to further degradation or extinction.
Failure to comply with the obligations and requirements imposed by the Act can result in significant legal consequences. The Act provides for both civil and criminal penalties for breaches. Specifically, individuals and entities found to have contravened the Act may face substantial fines. For example, the maximum penalty for a serious or repeated breach of the Act can be substantial, reflecting the gravity of the ecological impact. Additionally, any action that causes harm to a listed threatened ecological community may also result in criminal charges, potentially leading to imprisonment for those found guilty. These provisions underscore the seriousness with which the Act treats the protection of critically endangered ecological communities.