EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(Issued under the Authority of the
Minister for 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 vulnerable category:
- Subtropical and Temperate Coastal Saltmarsh
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of vulnerable ecological communities under subsection 182(2) of the Act.
The Committee concluded that the Subtropical and Temperate Coastal Saltmarsh 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 the ecological community has a very restricted distribution, being fragmented, with small patch sizes (generally under 10 ha in size) and it is subject to certain threats that could cause decline over the medium-term future;
- Criterion 4 as vulnerable because its reduction in integrity is substantial as indicated by degradation of the community or disruption of important community processes that is substantial; and
- Criterion 5 as vulnerable because its rate of continuing detrimental change is substantial as indicated by a serious intensification in the disruption of a key driver 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 vulnerable 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 draft 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 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 was enacted to address the need for comprehensive protection and conservation of Australia's biodiversity, including threatened ecological communities. This Act is administered by the Australian Government and places certain obligations on the Commonwealth to safeguard and conserve threatened ecological communities. Pursuant to section 184(1)(a) of the Act, a legislative instrument was issued to amend the list of threatened ecological communities under section 181, by including Subtropical and Temperate Coastal Saltmarsh in the vulnerable category. This decision was based on the recommendation of the Threatened Species Scientific Committee, which found that this ecological community met the criteria for vulnerability due to its very restricted distribution, substantial reduction in integrity, and a substantial rate of detrimental change. The policy objective of this amendment is to provide legal protection to this ecologically significant community, ensuring its conservation and recovery.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the Commonwealth, thereby extending its reach across the entirety of Australia. The Act imposes certain obligations on the Commonwealth, specifically focused on the protection and conservation of threatened ecological communities. This legislative instrument amends the list of threatened ecological communities by adding Subtropical and Temperate Coastal Saltmarsh to the vulnerable category, following the recommendation of the Threatened Species Scientific Committee. This addition is made in accordance with the Act, considering the ecological community's very restricted distribution, substantial reduction in integrity, and serious intensification in the disruption of key drivers of community processes. The decision to include this community in the vulnerable category was made after considering public consultation and expert advice, as required by the Act. The instrument, issued under the authority of the Minister for Environment, Heritage and Water, is a legislative instrument under the Legislative Instruments Act 2003, and it commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by adding Subtropical and Temperate Coastal Saltmarsh to the list of threatened ecological communities in the vulnerable category (section 181). This addition follows a recommendation by the Threatened Species Scientific Committee (section 184(1)(a)). The Committee's decision was based on three criteria under the Environment Protection and Biodiversity Conservation Regulations 2000. Firstly, the community has a very restricted distribution, with small patch sizes generally under 10 hectares, and it faces threats that could lead to decline in the medium term (section 182(2), Division 7.1, Criterion 2). Secondly, there has been substantial degradation or disruption of key community processes (section 182(2), Division 7.1, Criterion 4). Lastly, there is a serious intensification in the disruption of important community processes, indicating a substantial rate of continuing detrimental change (section 182(2), Division 7.1, Criterion 5).
The Act imposes several obligations on parties and entities affected by this amendment. Those who engage in activities that may impact Subtropical and Temperate Coastal Saltmarsh must now ensure that their actions do not threaten the survival of this ecological community (section 182(2)). This includes adhering to any conditions set out in a Conservation Advice document or a Threat Abatement Plan. Additionally, parties must report any impacts on the community and comply with any directions or orders issued by the relevant authorities under the Act (section 182(2), Division 7.1). This ensures that the necessary measures are taken to protect and conserve the vulnerable ecological community.
Failure to comply with the provisions of the Act can result in various consequences. Under section 474 of the Act, an individual can be found guilty of an offence for contravening the Act or the regulations. The maximum penalty for such an offence is substantial, with fines up to $66,000 for individuals and $330,000 for corporations. Furthermore, there are civil remedies available, including injunctions and damages, to address any harm caused to the ecological community. These penalties and remedies serve as deterrents against activities that could further threaten the survival of the Subtropical and Temperate Coastal Saltmarsh.