EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(d)
(Issued under the Authority of the Minister for the Environment)
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 and in accordance with paragraph 184(1)(d) of the Act by updating the name and description of:
- Weeping Myall – Coobah – Scrub Wilga Shrubland of the Hunter Valley
to the revised name and description of:
- Hunter Valley Weeping Myall (Acacia pendula) Woodland.
The update takes account of new information about the ecological community and that it is not limited to a single site, as originally listed. The item is retained in the critically endangered category. This follows the recommendation of the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered ecological communities under subsection 182(1) of the Act.
The Committee concluded that the Hunter Valley Weeping Myall (Acacia pendula) Woodland ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- 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 immediate 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 or disruption of important community processes that is very severe.
On the basis of the assessment and advice of the Committee, I am satisfied that this ecological community is eligible to remain in the critically endangered category. In deciding to retain it in the list, I only considered matters that relate to whether the ecological community is eligible to be retained in that category, and the effect that retaining the ecological community in that category could have on the survival of the ecological community.
The Committee recommended the ecological community for listing review on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013. Consultation on the listing review to amend the list of threatened ecological communities under the Act for 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 listing and 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 (the Act) was enacted by the Commonwealth Parliament to provide a framework for the protection and conservation of Australia’s biodiversity, including threatened species and ecological communities. This legislation was introduced to address the need for a comprehensive and coordinated approach to the conservation of biodiversity and to provide a mechanism for the Commonwealth to intervene in matters that have a significant impact on the environment. The Act aims to ensure that the protection and conservation of biodiversity is integrated into decision-making processes at all levels of government and to provide for the listing and protection of threatened species and communities. This legislative instrument, issued under the authority of the Minister for the Environment, amends the list of threatened ecological communities by updating the name and description of the Weeping Myall – Coobah – Scrub Wilga Shrubland of the Hunter Valley to Hunter Valley Weeping Myall (Acacia pendula) Woodland. The revision reflects new information about the ecological community and its broader geographic distribution, while retaining its status as critically endangered based on the criteria set out in the Act. This amendment follows the recommendation of the Threatened Species Scientific Committee and is in line with the policy objective of the Act to protect and conserve Australia’s biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, corporations, and other entities that engage in activities impacting the environment or biodiversity across Australia. It is a Commonwealth Act, thus it extends to the entire nation, including all states, territories, and external territories, with the overarching goal of protecting and conserving biodiversity. This Act imposes obligations on persons and entities to avoid, mitigate, or offset the environmental impact of their actions, particularly in relation to threatened species and ecological communities. The Act includes provisions for listing and protecting threatened species and ecological communities, with the Minister for the Environment having the authority to amend these lists based on scientific advice. This particular legislative instrument amends the list of threatened ecological communities, updating the name and description of the Weeping Myall – Coobah – Scrub Wilga Shrubland of the Hunter Valley to Hunter Valley Weeping Myall (Acacia pendula) Woodland, maintaining its status as critically endangered. The instrument does not specify any exclusions or exemptions but is subject to the broader regulatory framework established under the Environment Protection and Biodiversity Conservation Regulations 2000.
Key Provisions
The primary sections of the legislative instrument (F2014L01706) under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) concern the updating of the list of threatened ecological communities. Specifically, section 181 of the Act is amended to change the name and description of the Weeping Myall – Coobah – Scrub Wilga Shrubland of the Hunter Valley to Hunter Valley Weeping Myall (Acacia pendula) Woodland (section 181). This amendment follows the recommendation of the Threatened Species Scientific Committee, which assessed the ecological community based on its geographic distribution and the severity of its degradation. The Hunter Valley Weeping Myall (Acacia pendula) Woodland is retained in the critically endangered category, as determined under subsection 182(1) of the Act.
The Act imposes several obligations on the Commonwealth and other relevant parties to protect and conserve this critically endangered ecological community. Firstly, the Commonwealth is required to take necessary measures to ensure the survival of the Hunter Valley Weeping Myall (Acacia pendula) Woodland. This includes implementing management plans that address the specific threats to the community, such as habitat degradation and disruption of important ecological processes. Additionally, any action that may impact the ecological community must be assessed under the provisions of the Act to ensure it does not further threaten its survival.
The Act also imposes obligations on entities that may affect the ecological community, such as developers and land managers. These entities must consider the potential impacts of their activities on the Hunter Valley Weeping Myall (Acacia pendula) Woodland and take necessary measures to mitigate any adverse effects. This may involve conducting environmental impact assessments, developing management plans, and seeking approval from relevant authorities before proceeding with activities that may affect the community.
Failure to comply with the obligations and requirements of the Act can result in significant legal consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines of up to $666,000 for individuals and $3,330,000 for corporations, depending on the nature and severity of the breach. Criminal penalties can include fines of up to $333,000 for individuals and $1,665,000 for corporations, along with potential imprisonment for up to five years for serious offences. The Act also provides for the possibility of enforcement actions, such as injunctions and orders, to ensure compliance with its provisions.