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)
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 critically endangered category:
- Kangaroo Island Narrow-leaved Mallee (Eucalyptus cneorifolia) Woodland
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered ecological communities under subsection 182(2) of the Act.
The Committee concluded that the Kangaroo Island Narrow-leaved Mallee (Eucalyptus cneorifolia) Woodland 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 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 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, and the effect that including the ecological community in that category could have on the survival of the ecological community.
The Committee recommended the ecological community for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2010. 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. A draft description 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 of the nation's environmental assets, including threatened species and ecological communities. The Act aims to ensure the preservation of biodiversity and to manage activities that may impact on the environment in a significant manner. This legislation was introduced by the Australian Parliament to provide a unified framework for environmental protection and management across the country. The policy objective of the Act is to conserve biodiversity and ecological processes, while also facilitating sustainable development.
This legislative instrument amends the list of threatened ecological communities under the Act by adding Kangaroo Island Narrow-leaved Mallee (Eucalyptus cneorifolia) Woodland to the critically endangered category. The decision to include this ecological community was based on the recommendation of the Threatened Species Scientific Committee, which assessed the community against specified criteria and concluded that it met the conditions for critical endangerment. The amendment process involved public consultation and expert review to ensure the ecological community's eligibility and the potential impact on its survival were thoroughly considered. This legislative instrument was issued under the authority of the Minister for the Environment and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to all persons and entities within the Commonwealth of Australia, including the government, corporations, and individuals, in relation to actions that may impact on matters of national environmental significance, particularly threatened species and ecological communities. The Act imposes obligations to protect and conserve these elements, and under certain circumstances, requires the approval of the Commonwealth Minister for the Environment. This particular instrument amends the list of threatened ecological communities under section 181 of the Act by adding Kangaroo Island Narrow-leaved Mallee (Eucalyptus cneorifolia) Woodland to the critically endangered category, as recommended by the Threatened Species Scientific Committee. The Act's jurisdiction is national, and its scope extends to activities that may affect listed threatened ecological communities, with specific provisions for actions that may trigger the need for assessment and approval under the Act. The Act can be extended or restricted in application through subordinate instruments, which may provide further detail on the implementation and enforcement of the Act's provisions.
Key Provisions
The main operative sections of this instrument are sections 181 and 184 of the Environment Protection and Biodiversity Conservation Act 1999, which together provide the framework for amending the list of threatened ecological communities. Section 181 sets out the process for including or excluding ecological communities on the list, while section 184 specifies the circumstances under which such amendments can be made. This particular instrument, under section 184(1)(a), involves amending the list by including the Kangaroo Island Narrow-leaved Mallee (Eucalyptus cneorifolia) Woodland in the critically endangered category, as recommended by the Threatened Species Scientific Committee.
The Act imposes several obligations on the parties and entities it governs, particularly concerning the protection and conservation of threatened ecological communities. Section 181 mandates that the list of threatened ecological communities must be kept up-to-date and accurately reflect the status of these communities based on scientific advice. Additionally, section 184(1)(a) requires that amendments to the list be made in accordance with the recommendations of the Threatened Species Scientific Committee. The Committee's assessment that the Kangaroo Island Narrow-leaved Mallee (Eucalyptus cneorifolia) Woodland meets the criteria for inclusion in the critically endangered category is a key requirement of the Act, ensuring that the ecological community receives the necessary protection and conservation measures.
Under the Act, various offences and penalties may apply for breaches related to threatened ecological communities. Section 183, for example, makes it an offence to take an action that is likely to have a significant impact on a listed threatened ecological community without first obtaining approval from the relevant authority. The penalties for such offences can be substantial, including fines and imprisonment, depending on the severity of the breach and the circumstances of the case. The Act also provides for civil remedies, such as injunctions and damages, to address harm caused to threatened ecological communities. In cases involving significant environmental harm, the maximum penalties can be particularly severe, reflecting the importance of protecting these critical habitats.
The inclusion of the Kangaroo Island Narrow-leaved Mallee (Eucalyptus cneorifolia) Woodland in the critically endangered category under the Act is intended to ensure that this ecological community receives the highest level of protection. By classifying it as critically endangered, the Act imposes stringent requirements on actions that may affect this community, thereby safeguarding its survival. The legislative process followed, including public consultation and expert advice, underscores the commitment to making informed and evidence-based decisions regarding the conservation of threatened ecological communities.