EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(Issued under the Authority of the
Minister for Sustainability, Environment, Water, Population and Communities)
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 Grasslands of the Murray Valley Plains
as recommended by 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 Natural Grasslands of the Murray Valley 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 endangered because its decline in geographic distribution is severe across its range;
- Criterion 2 as endangered because its geographic distribution is 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 near future; and
- Criterion 4 as critically endangered because the ecological community has undergone a very severe reduction in community integrity, as indicated by degradation of the community and 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.
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 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.
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Legislative Instrument does not engage any of the applicable rights or freedoms.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide a framework for the protection and conservation of the environment, including threatened species, ecological communities, and heritage places. This Act was introduced to address the problem of biodiversity loss and to establish a mechanism for the Commonwealth to manage and conserve biodiversity. The Act was enacted by the Parliament of Australia, with the policy objective of ensuring the protection of Australia's biodiversity, both nationally and internationally. This particular legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, amends the list of threatened ecological communities by adding the Natural Grasslands of the Murray Valley Plains to the critically endangered category, following recommendations from the Threatened Species Scientific Committee. The decision to include this ecological community in the critically endangered category was based on assessments and consultations in accordance with the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection and conservation of threatened ecological communities and species across Australia. This Act imposes obligations on the Commonwealth to safeguard these communities and species, ensuring their preservation for future generations. It applies to a wide range of entities, including individuals, corporations, and government bodies, by regulating actions that may impact these ecological communities. Geographically, the Act has a national reach, extending its protection across all states and territories of Australia. This Act also includes mechanisms for amendments through subordinate legislation, such as the inclusion of new ecological communities in the list of threatened species, as outlined in the provided legislative instrument. This specific legislative instrument amends the list of threatened ecological communities by adding the Natural Grasslands of the Murray Valley Plains to the critically endangered category, following recommendations from the Threatened Species Scientific Committee. The inclusion of this ecological community was determined based on stringent criteria, including severe decline in geographic distribution and significant degradation of community integrity. This legislative amendment does not specify exclusions or exemptions but operates within the broader framework of the Act.
Key Provisions
The main operative sections of the legislative instrument (F2012L01843) involve the amendment of the list of threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, section 184(1)(a) allows for the inclusion of additional ecological communities into the list, following a recommendation by the Threatened Species Scientific Committee (section 181). The instrument adds the Natural Grasslands of the Murray Valley Plains to the list in the critically endangered category, as recommended by the Committee. This addition is based on assessments that meet the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, including severe decline in geographic distribution, restricted geographic distribution, and severe reduction in community integrity.
Under the Act, the inclusion of an ecological community in the critically endangered category imposes specific obligations on the Commonwealth to protect and conserve that community. These obligations are designed to ensure that the ecological community's survival is promoted and that any threats to its existence are mitigated. The Act requires that measures be put in place to address the threats identified, such as habitat degradation and disruption of community processes. The inclusion of the Natural Grasslands of the Murray Valley Plains in the list means that the Commonwealth must now focus on protecting and restoring this ecological community, ensuring that actions that could further threaten its existence are avoided or minimised.
Breaching the obligations imposed by the Act can lead to various legal consequences. The Act provides for both civil and criminal penalties for non-compliance with its provisions. Offences under the Act can result in significant fines for individuals and corporations. For example, the maximum penalty for interfering with a threatened ecological community can be substantial, reflecting the seriousness of endangering species or communities listed under the Act. Additionally, individuals and entities found guilty of breaching the Act can face imprisonment, further emphasising the legal ramifications of not adhering to the conservation obligations outlined in the Act. These penalties serve as deterrents to ensure compliance with the conservation measures designed to protect threatened ecological communities.