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 Water)
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:
- Eyre Peninsula Blue Gum (Eucalyptus petiolaris) Woodland
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 Eyre Peninsula Blue Gum (Eucalyptus petiolaris) Woodland ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
• Criterion 1 as endangered because its decline in geographic distribution is severe;
• Criterion 2 as vulnerable 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 medium-term future; and
• Criterion 4 as vulnerable because the reduction in integrity across most of its geographic range is substantial as indicated by degradation of the community or disruption of important 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. A draft of the Conservation Advice 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 the Minister 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 was enacted to address the need for comprehensive protection and conservation of Australia's biodiversity, including threatened species and ecological communities. The Act empowers the Commonwealth to take action to protect and conserve such threatened entities, ensuring their survival and promoting ecological sustainability. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and Water, amends the list of threatened ecological communities by including the Eyre Peninsula Blue Gum (Eucalyptus petiolaris) Woodland in the endangered category. This decision was based on the recommendation of the Threatened Species Scientific Committee, following a thorough assessment of the ecological community against specified criteria. The policy objective is to safeguard the survival of endangered ecological communities, reflecting the Commonwealth's commitment to biodiversity conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection and conservation of threatened ecological communities across Australia. This Act places specific obligations on the Commonwealth to safeguard these communities, ensuring that their decline is arrested and their integrity is preserved. The Act’s jurisdiction extends nationally, encompassing all territories and states within the Commonwealth of Australia. The Act applies to a wide range of persons and entities, including government agencies, corporations, and individuals, who may be involved in actions that impact these ecological communities. The Act provides a framework for the regulation of conduct and transactions that may threaten the survival of endangered ecological communities. This instrument, issued under the authority of the Minister for the Environment, Heritage and Water, amends the list of threatened ecological communities by adding Eyre Peninsula Blue Gum (Eucalyptus petiolaris) Woodland to the endangered category, following recommendations from the Threatened Species Scientific Committee. The instrument also includes provisions for consultation and public exhibition as mandated by the Act, ensuring that all relevant stakeholders have the opportunity to provide input on the proposed amendments.
Key Provisions
The main operative sections of this legislation (F2013L01565) pertain to the amendment of the list of threatened ecological communities under section 181 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, this legislative instrument amends the list by including the Eyre Peninsula Blue Gum (Eucalyptus petiolaris) Woodland in the endangered category, as recommended by the Threatened Species Scientific Committee (the Committee) under section 184(1)(a). This inclusion is based on the Committee's assessment of the ecological community's decline in geographic distribution, restriction of geographic distribution, and the substantial reduction in integrity across its range. These criteria align with those specified 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. By amending the list of threatened ecological communities, the legislation enhances the protection of the Eyre Peninsula Blue Gum (Eucalyptus petiolaris) Woodland. The listing requires the Commonwealth to take proactive measures to prevent the decline of this ecological community, ensuring its survival. The obligations extend to the management and conservation of the community's habitat, as well as the mitigation of threatening processes that could further degrade the ecological community. Additionally, the Act mandates the provision of conservation advice and the facilitation of consultation with relevant parties, including the public and experts, to inform the decision-making process.
Breaching the obligations imposed by the Act can result in both civil and criminal consequences. The Act provides for various offences related to the protection of threatened ecological communities, including the unauthorised destruction or modification of an ecological community listed as endangered. Offenders can face substantial penalties, with maximum fines and imprisonment terms detailed in the relevant sections of the Act. Civil penalties may also apply, where a person or entity fails to comply with the Act's requirements, leading to enforcement actions by the relevant authorities. The specific maximum penalties for breaches are determined by the severity of the offence and are outlined in the relevant legislative provisions.