EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under sections 184(1)(a) and (b)
(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:
- Natural Damp Grassland of the Victorian Coastal Plains
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 Natural Damp Grassland of the Victorian Coastal Plains 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 endangered because the reduction in its integrity across most of its geographic distribution is 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 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 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 provide a framework for the protection and conservation of the environment, including threatened species, ecological communities, and heritage places. This legislation was introduced to address the problem of biodiversity loss and the decline of threatened species and ecological communities across Australia. The Act places specific obligations on the Commonwealth to protect these entities, ensuring their survival and the maintenance of ecological processes. This instrument, issued under the authority of the Minister for the Environment, amends the list of threatened ecological communities by adding the Natural Damp Grassland of the Victorian Coastal Plains to the critically endangered category, as recommended by the Threatened Species Scientific Committee. The decision to include this ecological community was based on its severe decline in geographic distribution, very restricted geographic distribution, and the severe reduction in its integrity across most of its geographic distribution, which meet the criteria for critical endangerment. The enactment and amendment of the Act reflect the Australian government's commitment to biodiversity conservation and environmental protection.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the Commonwealth and all persons, entities, and industries within Australia, imposing obligations to protect and conserve threatened ecological communities. This Act extends its reach to cover all ecological communities and species across the nation, establishing a legal framework for their conservation. Specifically, this instrument amends the list of threatened ecological communities under section 181 of the Act by including the Natural Damp Grassland of the Victorian Coastal Plains in the critically endangered category, as recommended by the Threatened Species Scientific Committee. This amendment is made in accordance with section 184(1)(a) of the Act, taking into consideration the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument does not specify exclusions or exemptions but requires compliance with the obligations set forth in the Act, ensuring the protection of the listed ecological community. The application of the Act is further extended through subordinate instruments, which may detail specific measures and enforcement mechanisms.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes provisions for the protection and conservation of threatened ecological communities. This particular legislative instrument amends the list of threatened ecological communities by adding Natural Damp Grassland of the Victorian Coastal Plains to the critically endangered category (section 184(1)(a) and (b)). This addition follows a recommendation from the Threatened Species Scientific Committee (section 181), which concluded that this ecological community meets the criteria for being critically endangered (subsection 182(2)). Specifically, the community is critically endangered due to severe decline in geographic distribution and very restricted geographic distribution with high vulnerability to threatening processes (Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000).
Under the Act, the Commonwealth has an obligation to protect and conserve threatened ecological communities, which includes ensuring that any action that might impact these communities is properly managed. This legislative instrument imposes a duty on relevant parties to adhere to the updated list of threatened communities, ensuring that they are aware of and comply with the provisions that aim to protect these communities. This includes taking necessary steps to prevent harm to the Natural Damp Grassland of the Victorian Coastal Plains and to support its recovery (section 183).
Breach of the provisions under this Act can lead to various consequences, including both civil and criminal penalties. For instance, knowingly or recklessly contravening the Act can result in significant fines. Specifically, for a body corporate, the maximum penalty is $5.5 million for each offence, whereas for an individual, the maximum penalty is $1.1 million for each offence (subsections 514A(1) and (2) of the Act). Additionally, criminal proceedings can be initiated for more severe violations, potentially leading to imprisonment. The exact penalties and consequences are detailed in the Act and are subject to the severity and nature of the breach.