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 the Arts)
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 the Act in accordance with section 184(1)(a) of the Act by including in the list in the critically endangered category:
- Gippsland Red Gum (Eucalyptus tereticornis subsp. mediana) Grassy Woodland and Associated Native Grassland
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities in s182 of the Act.
The Committee concluded that the Gippsland Red Gum (Eucalyptus tereticornis subsp. mediana) Grassy Woodland and Associated Native Grassland ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as critically endangered because its decline in geographic distribution is very severe;
- 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 near future; and
- Criterion 4 as critically endangered because the reduction in integrity across most of its range is very severe as indicated by degradation of the community.
On the basis of the 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, or 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. The nominations were 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 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 by the Australian Parliament to address the need for comprehensive protection and conservation of the nation's biodiversity, including threatened ecological communities. This legislation established a framework for the identification, protection, and management of species and ecological communities at risk, as well as mechanisms for assessing and mitigating the impacts of human activities on biodiversity. This particular instrument under section 184(1)(a) of the Act aims to amend the list of threatened ecological communities by adding the Gippsland Red Gum (Eucalyptus tereticornis subsp. mediana) Grassy Woodland and Associated Native Grassland to the critically endangered category. This addition follows the recommendation of the Threatened Species Scientific Committee, which found that the ecological community met the criteria for listing as critically endangered due to severe decline in geographic distribution, very restricted geographic distribution, and very severe reduction in integrity. The policy objective of this legislative instrument is to ensure that these critically endangered ecological communities receive the necessary protections to enhance their chances of survival.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) imposes specific obligations on the Commonwealth to safeguard and conserve threatened ecological communities. The Act applies to all entities within Australia, including individuals, corporations, and government bodies, as well as to any actions or transactions that may impact these ecological communities. The geographic scope of the Act extends across the entire nation, encompassing federal, state, and territory jurisdictions. This legislative instrument, issued under section 184(1)(a) of the Act, amends the list of threatened ecological communities by adding the Gippsland Red Gum (Eucalyptus tereticornis subsp. mediana) Grassy Woodland and Associated Native Grassland to the critically endangered category. This addition follows the recommendation of the Threatened Species Scientific Committee, which assessed the ecological community against specified criteria under the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument does not introduce any exclusions or exemptions but rather reinforces the obligations of all relevant parties to protect this newly listed community. Subordinate instruments may further extend or restrict the application of the Act in specific contexts, ensuring comprehensive coverage and enforcement of environmental protection measures.
Key Provisions
The key provision of this legislative instrument (F2009L00025) under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) involves the amendment of the list of threatened ecological communities, specifically by including the Gippsland Red Gum (Eucalyptus tereticornis subsp. mediana) Grassy Woodland and Associated Native Grassland in the critically endangered category (section 184(1)(a)). This decision is based on the recommendations of the Threatened Species Scientific Committee, which assessed the ecological community against the criteria outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000. The Committee found that the community met the criteria for being critically endangered due to its very severe decline in geographic distribution, very restricted geographic distribution, and the severe reduction in integrity across most of its range.
The Act imposes specific obligations on the Commonwealth to protect and conserve threatened ecological communities. Under this instrument, the Commonwealth is mandated to implement conservation measures and management plans to protect the newly listed critically endangered Gippsland Red Gum (Eucalyptus tereticornis subsp. mediana) Grassy Woodland and Associated Native Grassland. This includes ensuring that any actions or developments that may threaten the community are assessed and mitigated appropriately. Additionally, relevant parties must comply with any guidelines, regulations, or approvals issued under the Act to facilitate the protection of this ecological community.
The Act provides for various offences, penalties, and consequences for breaches of its provisions. For instance, unauthorised actions that threaten listed threatened ecological communities, such as the Gippsland Red Gum (Eucalyptus tereticornis subsp. mediana) Grassy Woodland and Associated Native Grassland, can result in significant penalties. Under section 475 of the Act, an individual can face a maximum penalty of $66,000 or imprisonment for one year, or both, for a strict liability offence. For a corporation, the maximum penalty can be substantially higher, reaching up to $330,000. Additionally, the Act allows for civil penalties for non-compliance with certain provisions, which can further deter and penalise breaches related to the protection of threatened ecological communities. These measures are crucial in enforcing the Act's objectives and ensuring the survival of critically endangered species and ecological communities.