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:
- New England Peppermint (Eucalyptus nova-anglica) Grassy Woodlands
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities under subsection 182(2) of the Act.
The Committee concluded that the New England Peppermint (Eucalyptus nova-anglica) Grassy Woodlands ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
• Criterion 1 as vulnerable because its decline in geographic distribution is substantial; and
• 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 its range is very severe as indicated by very severe degradation of the community.
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 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection and conservation of Australia's biodiversity, including threatened species and ecological communities. The Act places certain obligations on the Commonwealth to safeguard these areas, and amendments to the list of threatened ecological communities are made under section 184(1)(a) of the Act. This legislative instrument amends the list by adding the New England Peppermint (Eucalyptus nova-anglica) Grassy Woodlands to the critically endangered category, following the recommendation of the Threatened Species Scientific Committee, who assessed the ecological community based on specified criteria. The policy objective of this amendment is to provide additional protection to this vulnerable ecological community, ensuring its survival and integrity in the face of severe threats. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, was subject to public consultation as required by the Act, ensuring that all relevant views were considered before finalising the inclusion in the endangered category.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the Commonwealth of Australia and its agencies, entities, and authorised persons in the execution of their duties and responsibilities concerning the protection and conservation of the nation's biodiversity, including threatened ecological communities. This Act places a statutory duty on the Commonwealth to protect and conserve ecological communities that are identified as threatened, and in this case, the Act is being applied to include the New England Peppermint (Eucalyptus nova-anglica) Grassy Woodlands in the list of critically endangered ecological communities. This instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, extends the application of the Act to mandate protection of this specific ecological community as recommended by the Threatened Species Scientific Committee, based on the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument, which is a legislative instrument for the purposes of the Legislative Instruments Act 2003, commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this instrument are sections 181 and 184(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 181 of the Act mandates that the Minister may amend the list of threatened ecological communities, while section 184(1)(a) empowers the Minister to make legislative instruments to implement this amendment. This instrument specifically includes the New England Peppermint (Eucalyptus nova-anglica) Grassy Woodlands in the critically endangered category of the list, following recommendations from the Threatened Species Scientific Committee.
Under the Act, the Minister is required to consider the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 when determining the eligibility of an ecological community for inclusion in the threatened list. The obligations imposed on the Minister include conducting a thorough assessment of the ecological community based on these criteria, consulting with relevant parties, and seeking public submissions. The Minister must also ensure that the inclusion of an ecological community in the threatened list is based solely on its eligibility and the potential impact on its survival.
The instrument does not explicitly outline specific offences or penalties for breaches. However, breaches of the Act or its regulations that pertain to threatened species and ecological communities could result in significant civil or criminal penalties. For instance, actions that harm or destroy listed threatened species or communities can lead to fines and imprisonment. The maximum penalty for a corporation found guilty of such an offence is generally up to AUD 330,000, while individuals may face fines of up to AUD 66,000 or imprisonment for up to two years, or both. These penalties reflect the seriousness with which the Act treats the protection of threatened ecological communities.