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:
- Lowland Native Grasslands of Tasmania
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered ecological communities in s182 of the Act.
The Committee concluded that the Lowland Native Grasslands of Tasmania ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as endangered because its decline in geographic distribution is 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;
- Criterion 4 as endangered because the reduction in integrity across most of its range is severe as indicated by severe degradation of the ecological community; and
- Criterion 5 as vulnerable because the rate of continuing detrimental change is substantial as indicated by a serious rate of decline in extent of the ecological community and that the change is projected to occur in the immediate future.
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 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 and conservation of Australia's biodiversity, including threatened species and ecological communities. The Act seeks to address the problem of biodiversity loss by imposing obligations on the Commonwealth to protect and conserve threatened ecological communities. In response to the need to regularly update the list of threatened ecological communities, the Act provides for the inclusion of new communities based on scientific advice and assessments. This particular instrument, issued under section 184(1)(a) of the Act by the Minister for the Environment, Heritage and the Arts, amends the list to include Lowland Native Grasslands of Tasmania in the critically endangered category. This decision was made following a recommendation by the Threatened Species Scientific Committee, which assessed the ecological community against specified criteria, concluding that it met the criteria for inclusion due to severe decline in geographic distribution and other threatening processes. The instrument was subject to public consultation and expert review before being enacted.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a Commonwealth Act that applies to the protection and conservation of threatened species and ecological communities. This legislative instrument amends the list of threatened ecological communities by including Lowland Native Grasslands of Tasmania in the critically endangered category, following recommendations from the Threatened Species Scientific Committee. This Act imposes obligations on the Commonwealth to protect and conserve these ecological communities, and extends to all areas within the jurisdiction of the Commonwealth. The Act applies to all persons and entities involved in activities that may impact these communities, including industries that may cause environmental harm. The inclusion of an ecological community in the list of threatened species under the Act triggers specific obligations and protections aimed at preserving the community's survival. Subordinate instruments may further extend or restrict the application of the Act by detailing specific measures and guidelines for the protection of listed communities.
Key Provisions
The instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding the Lowland Native Grasslands of Tasmania to the list of threatened ecological communities (section 184(1)(a)). This ecological community is listed in the critically endangered category, which means it is at a very high risk of extinction in the wild. The amendment 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 Committee concluded that this ecological community meets the criteria for listing as critically endangered due to severe decline in its geographic distribution, very restricted distribution, severe degradation, and a substantial rate of continuing detrimental change.
The Act imposes certain obligations on the Commonwealth to protect and conserve threatened ecological communities. By listing the Lowland Native Grasslands of Tasmania as critically endangered, the Act aims to ensure that appropriate conservation measures are put in place to protect this ecological community from further decline and potential extinction. This includes requiring any actions that may impact this community to be assessed under the Act to ensure they do not harm its survival. The Act also mandates that management plans are developed and implemented to address the threats facing this ecological community, thereby fulfilling the Commonwealth's duty to conserve biodiversity.
Breaching the provisions of the Act can result in both civil and criminal penalties. Under section 516 of the Act, a person who contravenes the Act may be liable for a civil penalty of up to $720,000 for a corporation and $144,000 for an individual, as well as potential injunctive relief. Additionally, under section 528 of the Act, criminal offences can be prosecuted for actions that result in significant harm to listed threatened ecological communities. For example, damaging or destroying a listed threatened ecological community can result in a maximum penalty of up to $360,000 for a corporation and $72,000 for an individual, or imprisonment for up to five years, or both. These penalties are designed to deter non-compliance and ensure the protection of critically endangered ecological communities.