EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999(Cth)
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:
- Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland 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 Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland 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 extent is substantial;
• Criterion 2 as critically endangered because the ecological community has a very restricted geographic distribution and faces ongoing threats in the immediate future; and
• Criterion 4 as critically endangered because the reduction in integrity across its range is very severe as indicated by degradation of the community and its ecological and hydrological 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 nominations 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 ecological community combines two ecological communities nominated for inclusion in the List as part of the Finalised Priority Assessment List (the Assessment List) for the assessment period commencing 1 October 2008;
- the Threatened Species Scientific Committee (the Committee) published the Assessment List in September 2008; and
- the Committee sought public comment on whether the ecological community was eligible for inclusion in the List.
The nomination was placed on public exhibition, and public comments were sought as required by the Act for 30 business days between March and May 2011. 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.
Statement of Compatibility with Human Rights
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 (Cth). This Legislative Instrument does not engage any of the applicable rights or freedoms.
Authority: sections 184(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly threatened species, ecological communities, and heritage places. This Act was designed to address the need for comprehensive and integrated environmental protection measures at a national level, ensuring that the Commonwealth, state, and territory governments work collaboratively to safeguard Australia's biodiversity. The Act was introduced by the Australian Parliament and aims to protect Australia's biodiversity and manage activities that may have a significant impact on the environment. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, amends the list of threatened ecological communities under the Act by including the Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains in the critically endangered category. This decision follows recommendations from the Threatened Species Scientific Committee and is based on the ecological community's substantial decline in extent, very restricted geographic distribution, and severe degradation of its ecological and hydrological processes.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, and industries within Australia, aiming to protect and conserve threatened ecological communities. This legislation has national reach across the Commonwealth, states, territories, and any other jurisdictions within Australia, mandating obligations for the conservation of threatened ecological communities. The Act provides for the inclusion of such communities in a list, detailing their conservation status, and requires the Minister to amend this list based on recommendations from the Threatened Species Scientific Committee. In this instance, the instrument under section 184(1)(a) of the Act adds Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains to the list of critically endangered ecological communities. This decision follows a rigorous assessment by the Committee, which determined the ecological community met the criteria for its inclusion due to substantial decline, restricted geographic distribution, and severe reduction in integrity. The Act does not specify exclusions or thresholds, but the application and enforcement of the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines.
Key Provisions
The main operative sections of this instrument, under section 184(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), involve the amendment of the list of threatened ecological communities (section 181) by including the Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains in the critically endangered category. This decision is based on the recommendation of the Threatened Species Scientific Committee, which concluded that this ecological community meets the criteria for being listed as critically endangered (sections 182(2) and Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000). The instrument specifically addresses the decline in extent of the community (Criterion 1), its restricted geographic distribution and ongoing threats (Criterion 2), and the severe reduction in integrity across its range (Criterion 4).
This Act imposes obligations on the Commonwealth to protect and conserve threatened ecological communities. For the Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains, the Act requires the Commonwealth to implement measures to prevent further decline and to facilitate the recovery of this critically endangered community. This includes obligations to conduct assessments of the community's status, develop and implement recovery plans, and monitor the effectiveness of these measures. The Act also requires the Commonwealth to take into account the potential impact on the community when making decisions that might affect it, ensuring that conservation efforts are prioritised.
Failure to comply with the requirements of the Act can result in various legal consequences. Offences under the Act may include actions that directly or indirectly harm threatened ecological communities, such as damaging their habitats or engaging in activities that threaten their survival. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a substantial amount, while criminal penalties may include fines and imprisonment. The exact penalties depend on the nature and severity of the offence, with more severe penalties applying to deliberate or reckless actions that cause significant harm to the community.
Consultation and public participation are integral to the process of amending the list of threatened ecological communities. Under the Act, any proposed amendments must be subject to public exhibition and consultation, as was the case with the inclusion of the Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains. This ensures that stakeholders, including experts and the public, have an opportunity to provide input and feedback on proposed changes. All submissions received are considered by the Threatened Species Scientific Committee and the Minister, ensuring that the decision-making process is transparent and inclusive. This approach not only helps to gather valuable insights but also promotes public awareness and support for conservation efforts.