EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(Issued under the Authority of the
Minister for Environment Protection, 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 section 181 of the Act in accordance with paragraph 184(1)(a) of the Act by including in the list in the endangered category:
- Grey Box (Eucalyptus microcarpa) Grassy Woodlands and Derived Native Grasslands of South-eastern Australia
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 Grey Box (Eucalyptus microcarpa) Grassy Woodlands and Derived Native Grasslands of South-eastern Australia 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; and
- Criterion 4 as endangered because the reduction in integrity across most of its range is severe as indicated by degradation of the community.
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. 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 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 and biodiversity, particularly focusing on threatened species and ecological communities. This Act was introduced to address the gap in comprehensive environmental protection and management at the national level, ensuring that critical ecological communities and species are preserved. The Act places specific obligations on the Commonwealth to safeguard and conserve threatened ecological communities. In line with this objective, the Minister for Environment Protection, Heritage and the Arts issued an instrument under section 184(1)(a) of the Act to amend the list of threatened ecological communities, specifically to include Grey Box (Eucalyptus microcarpa) Grassy Woodlands and Derived Native Grasslands of South-eastern Australia in the endangered category. This decision was based on the recommendation of the Threatened Species Scientific Committee, following a rigorous assessment that considered the decline in geographic distribution and the severe reduction in integrity of the ecological community. The instrument was developed in consultation with relevant parties, including public exhibition and expert consultation, to ensure that the decision was well-informed and transparent.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all individuals and entities within Australia, imposing obligations on the Commonwealth to protect and conserve threatened ecological communities. The Act's jurisdiction spans the entire nation, thereby affecting various industries and their conduct related to ecological preservation. The legislative instrument issued under section 184(1)(a) of the Act amends the list of threatened ecological communities by adding Grey Box (Eucalyptus microcarpa) Grassy Woodlands and Derived Native Grasslands of South-eastern Australia to the endangered category, following recommendations by the Threatened Species Scientific Committee. This addition is based on the community's substantial decline in geographic distribution and severe reduction in integrity, as assessed against criteria in the Environment Protection and Biodiversity Conservation Regulations 2000. The legislative instrument became effective on the day after its registration on the Federal Register of Legislative Instruments, extending the application of the EPBC Act to include this newly recognised endangered ecological community.
Key Provisions
The main operative sections of this instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) are sections 181, 182, 184, and 185. Section 181 of the Act requires the Minister to list threatened ecological communities, while section 182 defines what constitutes an endangered ecological community. Section 184 provides the Minister with the authority to amend the list, and section 185 outlines the process for doing so. Specifically, this instrument amends the list of threatened ecological communities by including the Grey Box (Eucalyptus microcarpa) Grassy Woodlands and Derived Native Grasslands of South-eastern Australia in the endangered category (section 181), based on the recommendation of the Threatened Species Scientific Committee (section 184(1)(a)). The criteria for listing are outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000.
The Act imposes obligations on the Commonwealth to protect and conserve threatened ecological communities, including those listed as endangered. The Minister is required to list ecological communities that meet the criteria for listing under the Act, and to take steps to ensure their protection and conservation. The Act also imposes obligations on entities that may have an impact on listed ecological communities, such as requiring them to obtain approval for actions that may harm the community. The Act requires the Minister to consult with relevant parties, including experts and the public, in the process of listing threatened ecological communities.
Failure to comply with the obligations and requirements of the Act may result in civil or criminal penalties. Section 515 of the Act provides for civil penalties of up to $750,000 for individuals and $3.75 million for bodies corporate for breaches of the Act. Section 528 of the Act provides for criminal penalties of up to five years imprisonment and/or fines of up to $375,000 for individuals and $1.875 million for bodies corporate for serious or repeated breaches of the Act. The Act also provides for the imposition of injunctions, orders, and other remedies to enforce its provisions.