Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance, and to establish a framework for the assessment and approval of certain actions that may have a significant impact on the environment. This legislation was introduced to address the need for a cohesive national approach to environmental protection, especially concerning threatened species and ecological communities. The Act is administered by the Australian Government and aims to ensure the protection of the environment, heritage, and biodiversity by regulating activities that may affect them. This legislative instrument, F2005B02687, amends the list of threatened species under section 178 of the EPBC Act by including Neoceratodus forsteri, commonly known as the Australian Lungfish or Queensland Lungfish, in the Vulnerable category. The amendment was made by David Kemp, the Minister for the Environment and Heritage, in accordance with section 184(1) of the Act. The inclusion of this species in the list is a step towards providing enhanced protection and management strategies for the Australian Lungfish, aiming to address the threats it faces and to contribute to its conservation.

Scope and Application

The legislative instrument F2005B02687 pertains to the inclusion of the species Neoceratodus forsteri, commonly known as the Australian Lungfish or Queensland Lungfish, in the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999. This legislative action, taken by David Kemp, the Minister for the Environment and Heritage, follows the authority granted by section 184(1) of the Act. By classifying the Australian Lungfish as vulnerable, the legislation applies to the species itself, extending protections and regulatory oversight to ensure its conservation and management. This inclusion within the Act ensures that the species is afforded legal safeguards to mitigate threats to its survival, proliferation, and natural habitats. The Act's jurisdictional reach is national, as it operates under the Commonwealth of Australia, thus encompassing all states and territories within its purview. The legislative instrument does not explicitly state exclusions, exemptions, or thresholds but operates within the broader framework of the Act, which may include provisions for subordinate instruments to further define the scope and application of the listed species' protections.

Key Provisions

The main operative section of this legislative instrument, Section 184(1) of the Environment Protection and Biodiversity Conservation Act 1999, allows the Minister for the Environment and Heritage to amend the list of threatened species. In this instance, the Minister has added Neoceratodus forsteri, commonly known as the Australian Lungfish or Queensland Lungfish, to the list under the Vulnerable category as per Section 178 of the Act. This addition formalises the recognition of the species' conservation status and the need for protective measures to ensure its survival. The obligations and requirements imposed by this Act on the parties or entities it governs primarily focus on the conservation and protection of listed species. For Neoceratodus forsteri, inclusion on the list means that actions affecting the species must be carefully considered and managed. This involves a duty to avoid threatening processes that could further endanger the species and to develop and implement recovery plans if necessary. The Act also mandates that permits may be required for activities that might impact listed species, ensuring that such activities are regulated to mitigate potential harm. Any breach of the provisions under the Environment Protection and Biodiversity Conservation Act 1999 can lead to significant consequences. Offences related to the unauthorised taking, harming, or trading of listed species, including Neoceratodus forsteri, can result in substantial penalties. Civil penalties for individuals can amount to up to $324,000 or six times the value of the benefit obtained from the offence, whichever is greater. Criminal penalties for corporations can be as high as $2,100,000. Additionally, individuals found guilty of such offences may face imprisonment for up to five years, while corporations can be subject to imprisonment for up to seven years. These stringent penalties underscore the seriousness with which the Act treats the protection of threatened species and the importance of compliance with its requirements.