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 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:
- Thrombolite (microbialite) Community of a Coastal Brackish Lake (Lake Clifton)
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 Thrombolite (microbialite) Community of a Coastal Brackish Lake (Lake Clifton) met the criteria specified in Regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- 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 3 as critically endangered because the loss or decline of functionally important species is very severe;
- Criterion 4 as critically endangered because the reduction in integrity of critical ecological processes is very severe; and
- Criterion 5 as endangered because the rate of continuing detrimental change is severe and is projected to continue in the immediate future.
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 this ecological community in the list, I only considered matters that relate to whether the ecological community is eligible to be included in the critically endangered 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 this 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 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 introduced by the Australian Parliament to address the need for the Commonwealth to protect and conserve threatened ecological communities. The Act seeks to establish obligations for the protection of biodiversity and ecological communities within Australia, ensuring that actions which may impact these areas are assessed and managed effectively. Under the Act, the Minister for the Environment, Heritage and the Arts is tasked with the responsibility of maintaining and updating lists of threatened ecological communities, ensuring they reflect the latest scientific understanding and assessments. The legislative instrument F2010L00004, issued under the authority of the Minister, aims to amend the list of threatened ecological communities by including the Thrombolite (microbialite) Community of a Coastal Brackish Lake (Lake Clifton) in the critically endangered category, following a recommendation by the Threatened Species Scientific Committee. This addition is based on the community's severely restricted geographic distribution, severe loss of functionally important species, and severe reduction in integrity of critical ecological processes, as assessed by the Committee. The instrument reflects the legislative process of consultation and public exhibition, aligning with the procedural requirements outlined in the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a legislative framework for the Commonwealth to fulfil its obligations in protecting and conserving threatened ecological communities. This Act applies to the Australian government, any Commonwealth entity, and any individual or entity whose activities are subject to the provisions of the Act, including those that involve actions likely to have a significant impact on matters of national environmental significance, such as threatened ecological communities. The geographic reach of the EPBC Act is national, encompassing all of Australia and its territorial waters. However, the Act does not override state or territory laws, and it does not extend to activities that are solely within a State or Territory, unless they involve actions that have a significant impact on matters of national environmental significance. The Act includes mechanisms for subordinate instruments to extend or clarify its provisions, which can further define the scope and application of the legislation. In the specific case of this legislative instrument, the Act is being used to amend the list of threatened ecological communities by adding the Thrombolite (microbialite) Community of a Coastal Brackish Lake (Lake Clifton) to the critically endangered category, as recommended by the Threatened Species Scientific Committee. This addition is made following a rigorous assessment process that includes public consultation and expert review, ensuring that the criteria for listing are met according to the defined standards within the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this legislative instrument are sections 181, 184(1)(a), and 182(1). Section 181 allows for the listing of threatened ecological communities, while section 184(1)(a) enables amendments to this list. Section 182(1) defines the criteria for categorising these communities, such as critically endangered. This instrument amends the list to include the Thrombolite (microbialite) Community of a Coastal Brackish Lake (Lake Clifton) in the critically endangered category, based on the recommendations of the Threatened Species Scientific Committee.
The Act imposes specific obligations on the Commonwealth to protect and conserve threatened ecological communities. This legislative instrument updates the list of these communities, ensuring that the Thrombolite (microbialite) Community of a Coastal Brackish Lake (Lake Clifton) is recognised as critically endangered. The listing aims to provide additional protections and management measures to prevent further decline and to facilitate recovery efforts. The Commonwealth must also consult with relevant parties and consider public submissions when making amendments to the list, as required by the Act.
Breaching the provisions of the EPBC Act can result in various offences and penalties. Under the Act, there are both civil and criminal consequences for non-compliance with the requirements to protect threatened ecological communities. Civil penalties can include fines of up to $66,600 for individual offenders and up to $333,000 for corporate offenders, as specified in section 528. Additionally, criminal offences may lead to imprisonment for up to five years for individuals and up to five times the civil penalty amount for corporations. These penalties reflect the seriousness of failing to comply with the Act’s provisions to conserve threatened ecological communities.