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 Thalassarche melanophris (Black-browed Albatross) to the list of vulnerable 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:
Thalassarche melanohpris (Black-browed Albatross)
The evidence presented in the nomination and submitted by experts enabled the Committee to judge that Thalassarche melanohpris is eligible for listing as vulnerable 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 vulnerable have been met. These are:
Criterion 1: It has undergone, is suspected to have undergone or is likely to undergo in the immediate future a very severe, severe or substantial reduction in numbers.
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 the species be listed as vulnerable under the Environment Protection and Biodiversity Conservation Act 1999.
On the basis of the advice of the Committee, I am satisfied that Thalassarche melanophris (Black-browed Albatross) is eligible to be included in the vulnerable 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 (EPBC Act) was enacted to provide a framework for the protection of the environment, including threatened species and ecological communities, as well as to mitigate the impact of key threatening processes. This Act addresses the need for a cohesive approach to environmental conservation by placing certain obligations on the Commonwealth. The EPBC Act was enacted by the Parliament of Australia to ensure the protection and conservation of biodiversity, recognising the importance of maintaining ecological balance and the need for regulatory measures to prevent species decline. In line with this policy objective, the Act was amended through the instrument under section 184(1) to add Thalassarche melanophris (Black-browed Albatross) to the list of vulnerable species, based on recommendations from the Threatened Species Scientific Committee. This amendment was made to safeguard the species by recognising its precarious situation and implementing measures to prevent further decline.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and conduct across the Commonwealth of Australia, with the primary goal of protecting and conserving biodiversity and ecological heritage. The Act imposes obligations on the Commonwealth to safeguard threatened species and ecological communities and to mitigate the impacts of key threatening processes. It encompasses various industries and activities that may affect biodiversity, including agriculture, mining, fisheries, and urban development. The geographic reach of the Act is national, with the Commonwealth having jurisdiction over matters that impact on listed threatened species, ecological communities, and key threatening processes across Australia. The Act also provides for the regulation of actions that may have significant impacts on matters of national environmental significance, including World Heritage properties, wetlands of international importance, and migratory species. This particular legislative instrument under section 184(1) of the EPBC Act pertains to the listing of Thalassarche melanophris (Black-browed Albatross) as a vulnerable species, as recommended by the Threatened Species Scientific Committee. This amendment to the list of threatened species is based on the Committee's assessment of the species' eligibility according to the criteria outlined in the Act and EPBC Regulations. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes sections that mandate the protection of threatened species and ecological communities, as well as recognising and mitigating key threatening processes (section 184(1)). One of the key provisions of this Act is the ability to amend the list of threatened species based on recommendations from the Threatened Species Scientific Committee. For instance, under section 184, the Act can be amended to include species such as the Thalassarche melanophris, also known as the Black-browed Albatross, in the list of vulnerable species. This amendment is made following the Committee's assessment and recommendation, considering the criteria for species classification outlined in section 179 of the Act.
The Act imposes several obligations on parties and entities, including the requirement to avoid actions that may harm listed species or their habitats. For the Black-browed Albatross, this means that any activities that could affect the species' survival must be carefully managed and, where possible, mitigated. The Act also mandates that the Minister for the Environment and Heritage consider the Committee's advice when deciding to list a species. In this case, the Minister did not consider any matter unrelated to the survival of the Black-browed Albatross when deciding to include it in the list of vulnerable species.
Breaches of the Act can result in both civil and criminal consequences. Under the Act, individuals or entities that fail to comply with its provisions may face penalties. For example, offences related to the harming of listed species can lead to substantial fines and, in severe cases, imprisonment. The maximum penalties for such breaches are determined by the severity of the offence and can include fines of up to $360,000 for corporations and $72,000 for individuals, along with potential imprisonment terms of up to five years. These penalties are designed to enforce compliance and protect threatened species and their habitats effectively.