Inclusion of key threatening processes in the list of threatened key threatening processes under section 183 of the Environment Protection and Biodiversity Conservation Act 1999 (09/03/2001)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to matters of national environmental significance. The Act aims to prevent significant damage to the environment by controlling activities that have a substantial impact on listed threatened species, ecological communities, and key threatening processes. The inclusion of key threatening processes under section 183 of the EPBC Act was introduced to address the need for a comprehensive approach to environmental protection, recognising that certain processes pose a significant risk to biodiversity and ecosystems. This legislative instrument, issued by Robert Murray Hill, the Minister for the Environment and Heritage, was enacted to amend the list of key threatening processes by adding four specific threats: loss of climatic habitat caused by anthropogenic emissions of greenhouse gases, Psittacine Circoviral (beak and feather) Disease affecting endangered psittacine species, land clearance, and incidental catch (bycatch) of Sea Turtle during coastal otter-trawling operations within Australian waters north of 28 degrees South. The policy objective is to provide a regulatory framework for mitigating these identified threats to Australia's biodiversity and ecological integrity.

Scope and Application

The legislative instrument, F2005B02696, amends the Environment Protection and Biodiversity Conservation Act 1999 by adding four specific processes to the list of threatened key threatening processes under section 183 of the Act. This legislative amendment applies to any individual, corporation, or entity engaged in activities that contribute to the listed key threatening processes within Australia. The processes included are loss of climatic habitat due to anthropogenic greenhouse gas emissions, Psittacine Circoviral (beak and feather) Disease affecting endangered psittacine species, land clearance, and incidental catch (bycatch) of sea turtles during coastal otter-trawling operations north of 28 degrees South within Australian waters. The jurisdictional reach of this Act is national, affecting all states and territories under Commonwealth authority. Subordinate instruments may extend or further define the application of these processes, but the primary legislation sets out the core obligations and protections. There are no explicit exclusions, exemptions, or thresholds mentioned in this legislative instrument, indicating that the listed threatening processes are broadly applicable across the specified activities and geographic areas.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (Cth) by adding four new key threatening processes to the list under section 183 (1). Specifically, section 184(1) of the Act allows for this amendment, incorporating Loss of climatic habitat caused by anthropogenic emissions of greenhouse gases (paragraph 183(1)(ba)), Psittacine Circoviral (beak and feather) Disease affecting endangered psittacine species (paragraph 183(1)(c)), Land clearance (paragraph 183(1)(ca)), and Incidental catch (bycatch) of Sea Turtle during coastal otter-trawling operations within Australian waters north of 28 degrees South (paragraph 183(1)(cb)). These additions are intended to provide a legal framework for addressing these processes under the broader environmental protection objectives of the Act. The inclusion of these processes in the list imposes certain obligations on relevant parties and entities. For instance, it requires entities to take necessary measures to mitigate the identified key threatening processes where they have the capacity to do so. This could involve implementing specific management practices or compliance with additional regulations designed to limit the impact of these processes. Furthermore, the Act may require reporting and monitoring of activities related to these processes, ensuring transparency and accountability in their management. The legislation also establishes consequences for non-compliance with the Act’s requirements. Offences under the Act may result in both civil and criminal penalties. For example, knowingly causing a listed key threatening process could result in fines and imprisonment. The maximum penalties can vary depending on the specific offence and its severity. For instance, the Act might prescribe different fines and imprisonment terms for different categories of offences related to these key threatening processes. Additionally, entities may face administrative penalties for failing to comply with reporting or monitoring requirements. It is important to note that the Act provides for enforcement mechanisms to ensure adherence to its provisions. Regulatory bodies are empowered to take action against entities that breach the Act, including issuing infringement notices, imposing fines, and pursuing criminal charges where appropriate. The specific details of these enforcement actions, including maximum penalties, are outlined within the Act and related regulations, ensuring that there are clear legal consequences for non-compliance. This structured approach aims to protect the environment and biodiversity by holding responsible parties accountable for their actions.