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 Persoonia pauciflora (North Rothbury Persoonia) to the list of critically endangered species;
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:
Persoonia pauciflora (North Rothbury Persoonia)
The evidence presented in the nomination and submitted by experts enabled the Committee to judge that Persoonia pauciflora 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, one of the criteria for listing as critically endangered has been met. This is:
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 the 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 Persoonia pauciflora (North Rothbury Persoonia) is eligible to be included in the critically endangered category.
In deciding to include this species in the list, I did not consider any matter that does not relate to the survival of this 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 (the Act) was enacted to provide a framework for the protection and conservation of the environment, including threatened species and ecological communities. This Act was introduced by the Commonwealth Parliament to address the need for a unified national approach to environmental protection, particularly focusing on threatened species and ecological communities. The Act empowers the Commonwealth to recognise, protect, and where possible, abate key threatening processes affecting these areas. This legislative instrument, issued under section 184(1) of the Act, amends the list of threatened species by adding Persoonia pauciflora, also known as North Rothbury Persoonia, to the list of critically endangered species. This amendment was made following the recommendations of the Threatened Species Scientific Committee, which determined that the species meets the criteria for listing as critically endangered based on the estimated total number of mature individuals and the precarious nature of its geographic distribution. The policy objective of this amendment is to enhance the protection of critically endangered species under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by this instrument, applies to the entire Commonwealth of Australia and imposes obligations on individuals, entities, and industries to protect and conserve threatened species and ecological communities. This Act specifically addresses the listing and protection of threatened species, including those categorised as critically endangered. In this instance, the Act has been used to add Persoonia pauciflora, also known as the North Rothbury Persoonia, to the list of critically endangered species. The decision to list this species was based on the recommendation of the Threatened Species Scientific Committee, which determined that Persoonia pauciflora meets the criteria for listing as critically endangered, particularly under Criterion 3, which considers the estimated total number of mature individuals and the precarious nature of their geographic distribution. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments and serves to enhance the protections afforded to this vulnerable species within the Australian ecosystem.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as the principal federal legislation in Australia for the protection and conservation of the environment. Section 184(1) of the Act allows for amendments to the list of threatened species, ecological communities, and key threatening processes. This instrument amends the list of threatened species by adding Persoonia pauciflora, also known as North Rothbury Persoonia, to the critically endangered species category (s184). This addition follows the recommendation of the Threatened Species Scientific Committee, which assessed the species based on the criteria outlined in Section 179 of the Act.
Under this legislative instrument, the primary obligation placed on parties and entities is to comply with the new listing of Persoonia pauciflora as a critically endangered species. This means that any actions that may affect this species, such as development projects or land management practices, must now be assessed under the EPBC Act to ensure they do not harm the species or its habitat. The listing also requires the development and implementation of recovery plans and conservation measures specifically tailored to address the threats facing Persoonia pauciflora.
Failure to comply with the provisions of the EPBC Act regarding listed threatened species can result in significant legal consequences. Section 474 of the Act outlines various offences related to the unauthorised taking or harming of listed species, as well as offences related to the destruction of their habitat. For individuals, the penalties for such offences can include fines of up to $346,500 or imprisonment for up to five years, or both. For corporations, the fines can escalate to up to $1,732,500. These penalties reflect the seriousness of the Commonwealth’s commitment to environmental protection and the conservation of biodiversity. The Act also provides for civil remedies, which can be pursued by the Commonwealth or any person who has suffered loss or damage as a result of a breach of the Act.