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 endangered category:
- Upland Basalt Eucalypt Forest of the Sydney Basin Bioregion
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 Upland Basalt Eucalypt Forest of the Sydney Basin Bioregion ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
• Criterion 2 as 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 near future; and
• Criterion 4 as endangered because the reduction in integrity across most its range is severe as indicated by 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 (the Act) was introduced to address the need for a comprehensive framework to protect and conserve Australia’s biodiversity and ecological heritage. This Act places specific obligations on the Commonwealth to safeguard threatened species, ecological communities, and heritage places. 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 adding the Upland Basalt Eucalypt Forest of the Sydney Basin Bioregion to the endangered category. This amendment follows a recommendation by the Threatened Species Scientific Committee, which determined that this ecological community meets the criteria for being listed as endangered due to its very restricted geographic distribution and severe reduction in integrity across most of its range. The policy objective of this instrument is to ensure that the Upland Basalt Eucalypt Forest of the Sydney Basin Bioregion receives the necessary protection to mitigate the risk of its extinction.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to a wide range of entities, industries, and activities across Australia. It places obligations on the Commonwealth to protect and conserve Australia's biodiversity, including threatened species and ecological communities. The Act applies to any person or entity conducting activities that may have a significant impact on matters of national environmental significance, including threatened species and ecological communities. The Act's jurisdictional reach is national, and its provisions apply throughout Australia, including the territories. The Act provides for the listing of threatened species and ecological communities, and the instrument under discussion amends the list of threatened ecological communities by including the Upland Basalt Eucalypt Forest of the Sydney Basin Bioregion in the endangered category. The Act also provides for the development of threatened species recovery plans and action statements. The instrument made under the authority of the Minister for Sustainability, Environment, Water, Population and Communities 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.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) pertinent to this legislative instrument include sections 181, 182, and 184. Section 181 of the Act sets out the list of threatened ecological communities, which is the primary focus of the instrument. This list is amended under section 184(1)(a) by adding the Upland Basalt Eucalypt Forest of the Sydney Basin Bioregion in the endangered category, as recommended by the Threatened Species Scientific Committee. This addition is based on the criteria outlined in section 182(2), which defines what constitutes an endangered ecological community. The Committee's findings that the ecological community meets Criterion 2 and Criterion 4 were pivotal in this decision, as they indicate a very restricted geographic distribution and severe reduction in integrity, respectively.
The Act imposes several obligations on parties and entities governed by it. These include the requirement to protect and conserve threatened ecological communities, ensuring that their survival is not further compromised. This responsibility extends to any actions that may impact these communities, necessitating careful consideration and adherence to the Act's provisions. Additionally, the Act mandates that any changes to the list of threatened ecological communities, such as the addition of the Upland Basalt Eucalypt Forest, must be made in accordance with the legislative process outlined in the Act. This includes public consultation and consideration of expert advice, ensuring that the decisions are well-informed and transparent.
Failure to comply with the obligations and requirements of the Act can lead to various civil and criminal consequences. Offences under the Act may include activities that threaten the survival of endangered ecological communities, such as the Upland Basalt Eucalypt Forest. The penalties for such offences can be substantial. For example, individuals may face fines of up to $66,000 or imprisonment for up to two years, while corporations may be fined up to $330,000. These penalties are designed to enforce the Act's protections and deter actions that could harm threatened ecological communities. The Act also allows for the recovery of costs incurred by the Commonwealth in enforcing the Act, ensuring that those who breach its provisions are held accountable for the consequences of their actions.