Inclusion of species in the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (13/05/2005)

Administered by Department of the Environment and Energy

Legislation au F2005L01385 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Instrument under section 184(1)

 

(Issued under the Authority of the Minister for the Environment and Heritage)

 

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and recognise, and where possible, abate key threatening processes listed on the list of threatened species, ecological communities and key threatening processes under the Act.

 

The purpose of this instrument is to amend the list of threatened species under the Act in accordance with s184 by:

  • adding Arachnorchis actensis (Canberra Spider-orchid) and Corunastylis ectopa (Brindabella Midge-orchid) to the list of critically endangered species
  • adding Bertya tasmanica (Tasmanian Bertya) to the list of endangered species
  • removing Grevillea williamsonii (Williamson’s Grevillea) from the list

as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered, endangered and vulnerable species in s179 of the Act.

 

The Committee’s recommendations are as follows:

 

Arachnorchis actensis (Canberra Spider-orchid)

The Committee judged that the Canberra Spider-orchid is eligible for listing as critically endangered under the Act. The species met the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, two of the criteria for listing as critically endangered have been met:

 

Criterion 2: Its geographic distribution is precarious for the survival of the species and is very restricted, restricted or limited.

Criterion 3: The estimated total number of mature individuals is limited to a particular degree and: (a) evidence suggests that the number will continue to decline at a particular rate; or (b) the number is likely to continue to decline and its geographic distribution is precarious for its survival.

On this basis, the Committee recommends that this species be listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999.

 

On the basis of the advice of the Committee, I am satisfied that the Canberra Spider-orchid is eligible to be included in the critically endangered category.

 

Corunastylis ectopa (Brindabella Midge-orchid)

The Committee judged that the Brindabella Midge-orchid is eligible for listing as critically endangered under the Act. The species met the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, three of the criteria for listing as critically endangered have been met:

 

Criterion 2: Its geographic distribution is precarious for the survival of the species and is very restricted, restricted or limited.

Criterion 3: The estimated total number of mature individuals is limited to a particular degree and: (a) evidence suggests that the number will continue to decline at a particular rate; or (b) the number is likely to continue to decline and its geographic distribution is precarious for its survival.

Criterion 4: The estimated total number of mature individuals is extremely low, very low or low.

 

On this basis, the Committee recommends that this species be listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999.

 

On the basis of the advice of the Committee, I am satisfied that the Brindabella Midge-orchid is eligible to be included in the critically endangered category.

 

Bertya tasmanica (Tasmanian Bertya)

The Committee judged that the Tasmanian Bertya is eligible for listing as endangered under the Act. The species met the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, two of the criteria for listing as endangered have been met:

 

Criterion 2: Its geographic distribution is precarious for the survival of the species and is very restricted, restricted or limited.

Criterion 3: The estimated total number of mature individuals is limited to a particular degree and: (a) evidence suggests that the number will continue to decline at a particular rate; or (b) the number is likely to continue to decline and its geographic distribution is precarious for its survival.

 

On this basis, the Committee recommends that this species be listed as endangered under the Environment Protection and Biodiversity Conservation Act 1999.

 

On the basis of the advice of the Committee, I am satisfied that the Tasmanian Bertya is eligible to be included in the endangered category.

 

Grevillea williamsonii (Williamson’s Grevillea)

The Committee judged that Williamson’s Grevillea is not eligible for listing under the Act. The species does not meet the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2) as Grevillea williamsonii is now considered to be an invalid taxon.

 

On this basis, the Committee recommends that the species be removed from the list under the Environment Protection and Biodiversity Conservation Act 1999.

 

On the basis of the advice of the Committee, I am satisfied that Williamson’s Grevillea is not eligible to be included in the list.

 

In deciding to include these species in the list, or remove from the list, I did not consider any matter that does not relate to the survival of these species.

 

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 address the need for a coordinated approach to environmental protection and biodiversity conservation within the country. This Act places obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and to recognise and, where possible, abate key threatening processes listed under the Act. The policy objective of the Act is to ensure that environmental protection and biodiversity conservation are integrated into decision-making processes across all levels of government and the private sector. This instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of threatened species under the Act by adding the Canberra Spider-orchid and Brindabella Midge-orchid to the list of critically endangered species, adding the Tasmanian Bertya to the list of endangered species, and removing Williamson’s Grevillea from the list, following recommendations from the Threatened Species Scientific Committee. The instrument aims to reflect the current conservation status of these species and to ensure that appropriate protective measures are in place.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any persons or entities involved in actions that may impact on matters of national environmental significance, including threatened species and ecological communities, as well as key threatening processes. The Act covers the entire Commonwealth of Australia and applies to actions that may have both direct and indirect environmental effects. The Act’s scope is further defined through subordinate legislation and regulations, which may include specific exemptions, exclusions, or thresholds based on the nature of the action or the species involved. This particular legislative instrument amends the list of threatened species under the Act by adding and removing species based on recommendations from the Threatened Species Scientific Committee, reflecting the current conservation status of these species. The Act and its regulations provide a framework for the protection and conservation of biodiversity, aiming to ensure that actions undertaken by individuals or entities do not adversely affect threatened species or ecological communities.

Key Provisions

The main operative sections of this legislative instrument are contained in the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 184(1) allows for the amendment of the list of threatened species under the Act by the Minister for the Environment and Heritage, based on the recommendations of the Threatened Species Scientific Committee. This instrument specifically amends the list by adding Arachnorchis actensis (Canberra Spider-orchid) and Corunastylis ectopa (Brindabella Midge-orchid) to the critically endangered category, Bertya tasmanica (Tasmanian Bertya) to the endangered category, and removing Grevillea williamsonii (Williamson’s Grevillea) from the list altogether (s184). These changes reflect the Committee's evaluation of each species based on criteria outlined in section 179 of the Act. The Act imposes certain obligations on the parties or entities it governs, particularly those involved in activities that may impact listed threatened species or their habitats. Under section 183, it is mandatory to prepare an action statement for a listed threatened species, ecological community, or key threatening process if required by the Minister. Section 187(1) mandates that action statements must include measures for the protection and recovery of the listed species or processes. Furthermore, section 180 requires the Minister to consult with relevant state and territory governments, indigenous groups, and other stakeholders when preparing or amending an action statement. Additionally, section 183A requires the Minister to ensure that persons carrying out activities that may impact listed species or processes comply with the action statements. Failure to comply with the requirements of the Act can result in both civil and criminal penalties. Under section 475, a person who contravenes an action statement can be fined up to $66,000 for an individual or $330,000 for a body corporate, and may also face imprisonment for up to two years. Additionally, section 474 imposes a penalty of up to $1.1 million for a body corporate and $220,000 for an individual for knowingly or recklessly destroying or damaging the habitat of a listed threatened species or ecological community. These penalties underscore the seriousness with which the Act treats the protection and conservation of threatened species and their habitats.

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