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 the Act in accordance with section 184(1)(a) of the Act by including in the list in the endangered category:
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities in s182 of the Act.
The Committee concluded that the Weeping Myall 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 endangered because its decline in geographic distribution is severe.
On the basis of the 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, or the effect that including the ecological community in that category could have on the survival of the ecological community.
A general description of the ecological community is included in the Instrument. However, a detailed description can be found in the Committee’s listing advice on the Departments website at www.environment.gov.au/epbc
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. 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.
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 by the Parliament of Australia to provide a framework for the protection and conservation of the nation’s biodiversity. This Act aims to address the problem of declining ecological communities and species by imposing obligations on the Commonwealth government to safeguard threatened ecological communities. The Act was introduced to fill the legislative gap in protecting Australia’s unique biodiversity from the adverse impacts of human activities. The policy objective is to ensure that significant ecological communities, such as the Weeping Myall Woodlands, receive appropriate legal protection to aid in their conservation and recovery. Pursuant to section 184(1)(a) of the Act, a legislative instrument was issued to amend the list of threatened ecological communities, incorporating the Weeping Myall Woodlands into the endangered category based on recommendations from the Threatened Species Scientific Committee.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the entire Commonwealth of Australia and imposes obligations on individuals, corporations, and other entities to protect and conserve threatened ecological communities. The Act's purpose is to safeguard Australia's biodiversity, including the listing of ecological communities that are endangered or threatened. This particular instrument amends the list of threatened ecological communities by adding Weeping Myall Woodlands to the endangered category, following the recommendation of the Threatened Species Scientific Committee and in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument is subject to consultation and public exhibition requirements outlined in the Act, ensuring that relevant stakeholders have an opportunity to provide feedback on the proposed changes. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a comprehensive piece of legislation that governs the protection and conservation of threatened species and ecological communities in Australia. Under section 184(1)(a) of the Act, the Minister for the Environment, Heritage and the Arts has the authority to amend the list of threatened ecological communities. This legislative instrument (F2009L00027) amends the list by adding Weeping Myall Woodlands to the endangered category, following a recommendation by the Threatened Species Scientific Committee (the Committee).
This legislative instrument imposes specific obligations on the Commonwealth to conserve Weeping Myall Woodlands, recognising it as an endangered ecological community. The Act's definition of endangered ecological communities is set out in section 182. The inclusion of Weeping Myall Woodlands in the endangered category means that parties must take specific measures to protect and manage this ecological community to ensure its survival. These obligations may include developing and implementing recovery plans, managing threats, and monitoring the ecological community's status.
The Act also outlines the process for listing ecological communities as threatened. The Committee's advice, which is based on criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, plays a crucial role in this process. The Minister for the Environment, Heritage and the Arts considers the Committee's advice and determines whether to include an ecological community in the endangered category. In making this decision, the Minister considers matters related to the ecological community's eligibility and the potential impact of listing on its survival.
Failure to comply with the obligations imposed by the Act can result in civil and criminal consequences. For instance, unauthorised actions that harm or destroy a listed threatened ecological community can lead to penalties. Under section 474 of the Act, an individual can be fined up to $66,000 or imprisoned for up to two years, or both, for actions that contravene the Act. Additionally, corporations can be fined up to $330,000 for similar offences. The Act also allows for the issuance of infringement notices for less serious breaches, with penalties that can vary depending on the severity of the offence.