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:
- Grassy Eucalypt Woodland of the Victorian Volcanic Plain
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 Grassy Eucalypt Woodland of the Victorian Volcanic Plain 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 (the Act) was enacted to provide a framework for the protection of the environment, including threatened species and ecological communities, by imposing obligations on the Commonwealth. This legislation was introduced to address the need for comprehensive protection of Australia's biodiversity, particularly those species and communities at risk of extinction. The Act is administered by the Parliament of Australia, with the aim of conserving biodiversity through various measures, including the listing of threatened species and ecological communities. This particular legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, amends the list of threatened ecological communities by including the Grassy Eucalypt Woodland of the Victorian Volcanic Plain in the critically endangered category, following recommendations from the Threatened Species Scientific Committee. The decision to list this ecological community was based on its severe decline in geographic distribution, very restricted geographic distribution, and very severe reduction in integrity across its range.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the Commonwealth, extending its obligations to protect and conserve threatened ecological communities across Australia. This Act includes specific provisions for listing threatened ecological communities, which are subject to amendments through legislative instruments under section 184(1)(a). The Act places duties on the Minister for the Environment, Heritage and the Arts to consider recommendations from the Threatened Species Scientific Committee regarding the inclusion of ecological communities in the list of threatened species. The instrument in question amends the list to include the Grassy Eucalypt Woodland of the Victorian Volcanic Plain in the critically endangered category, based on the Committee's assessment of its severe decline in geographic distribution, very restricted geographic distribution, and severe reduction in integrity across most of its range. This legislative instrument is effective nationwide and commenced on the day after it was registered on the Federal Register of Legislative Instruments, following public consultation and expert review.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes a provision that mandates the Commonwealth to protect and conserve threatened ecological communities (section 1(1)). This responsibility is further detailed in section 184(1)(a) of the Act, which empowers the Minister for the Environment, Heritage and the Arts to amend the list of threatened ecological communities as necessary. The specific legislative instrument F2009L02525, issued under this authority, introduces the Grassy Eucalypt Woodland of the Victorian Volcanic Plain as a critically endangered ecological community under the Act. This addition follows the recommendation of the Threatened Species Scientific Committee (the Committee) and is based on the criteria outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000.
The inclusion of this ecological community in the critically endangered category is based on three criteria specified by the Committee: the very severe decline in geographic distribution (Criterion 1), the very restricted geographic distribution that makes it vulnerable to losing its habitat due to threatening processes (Criterion 2), and the very severe reduction in integrity across most of its range due to degradation (Criterion 4). This decision reflects the critical state of the Grassy Eucalypt Woodland of the Victorian Volcanic Plain, underscoring the need for urgent conservation efforts.
The Act imposes obligations on the Commonwealth to ensure that threatened ecological communities are protected and conserved. This includes listing them under the Act, which triggers specific protective measures and management actions. The inclusion of the Grassy Eucalypt Woodland of the Victorian Volcanic Plain in the list requires the Commonwealth to engage in activities that will help restore and maintain the integrity of this ecological community. This may involve habitat restoration, monitoring population trends, and mitigating threats such as land degradation and invasive species.
Breach of the provisions of the Act can lead to both civil and criminal consequences. The Act provides for penalties for offences such as damaging a listed threatened ecological community, which can include substantial fines. The maximum penalties vary depending on the specific offence and the circumstances, but they are intended to deter non-compliance and ensure the protection of endangered ecological communities. The Act also includes provisions for civil remedies, which can be pursued by authorised officers or the Commonwealth to enforce compliance with its requirements. These measures are designed to hold parties accountable and to ensure that conservation efforts are effectively implemented.