Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislative instrument, F2005B02691, was introduced to address the need for the inclusion of additional species in the list of threatened species under the Act. The Minister for the Environment and Heritage, David Kemp, made this amendment to the list by adding Raja sp. L (Maugean Skate, Port Davey Skate) to the Endangered category and Brachionichthys politus (Red Handfish) to the Vulnerable category, in accordance with section 184(1) of the Act. The policy objective of this amendment is to enhance the protection of these species, thereby contributing to broader conservation efforts aimed at preserving Australia's biodiversity.

Scope and Application

The legislative instrument F2005B02691 amends the Environment Protection and Biodiversity Conservation Act 1999 by including two species, Raja sp. L (Maugean Skate, Port Davey Skate) in the Endangered category and Brachionichthys politus (Red Handfish) in the Vulnerable category, in the list of threatened species under section 178 of the Act. This Act applies to any person or entity involved in actions that may impact listed threatened species, including individuals, corporations, and government bodies, within the jurisdiction of the Commonwealth of Australia. The inclusion of these species in the list imposes obligations on parties to avoid, minimise, remedy, or offset the impact of their activities on these species, thereby extending the legislative reach to all activities that could potentially affect the listed species across Australia. The Act does not specify exclusions or exemptions for these particular listings, and any exceptions or thresholds would need to be established through subordinate instruments or case-specific determinations by the relevant authorities.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by including two marine species in the list of threatened species. Specifically, Raja sp. L, commonly known as Maugean Skate or Port Davey Skate, is listed in the Endangered category (section 178), while Brachionichthys politus, known as the Red Handfish, is listed in the Vulnerable category (section 178). This inclusion mandates the application of conservation measures specifically tailored to the needs of these species to aid in their protection and recovery. Under the Environment Protection and Biodiversity Conservation Act 1999, the inclusion of these species in the threatened list imposes certain obligations on various parties. For instance, any actions that may impact these species, such as fishing, habitat destruction, or any other form of interference, are now subject to stricter regulations. The Act requires that any person or entity carrying out activities that might affect these species must obtain approval from the relevant authorities. Additionally, conservation plans must be developed and implemented to ensure the survival of these species in their natural habitats. Failure to comply with the provisions of the Act can result in significant legal consequences. Offences under the Act may include unauthorised actions that harm listed species, such as fishing for or destroying the habitat of the Maugean Skate or the Red Handfish. The Act stipulates penalties for such offences, which can include substantial fines and, in severe cases, imprisonment. For example, individuals or corporations found guilty of contravening the Act's provisions may face fines of up to $210,000 for personal offences and $1,050,000 for corporate offences, alongside potential imprisonment terms. These stringent penalties are designed to deter non-compliance and enforce the protection of threatened species.