Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and conserve Australia’s biodiversity. 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 Act was introduced to fill the gap in biodiversity protection that existed prior to its enactment, providing a national approach to the conservation of species and ecological communities. The instrument under section 184(1) of the Act, issued under the authority of the Minister for the Environment and Heritage, serves to amend the list of threatened species by adding Paragalaxias mesotes (Arthurs Paragalaxias) and Galaxias auratus (Golden Galaxias) to the list of endangered species, and by removing Galaxias pedderensis (Pedder Galaxias) from the list of endangered species and adding it to the list of extinct in the wild species, as recommended by the Threatened Species Scientific Committee. This amendment aims to reflect the current conservation status of these species, ensuring that appropriate measures are taken under the Act to protect and manage them.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection and conservation of threatened species and ecological communities, and the abatement of key threatening processes, within the Commonwealth jurisdiction. The Act imposes obligations on the Commonwealth to ensure the preservation of biodiversity and includes provisions for listing species as endangered, vulnerable, or extinct in the wild. The Act applies to all individuals and entities operating within Australia, including both private and public sectors, and extends to any actions or activities that may impact on listed species or ecological communities. The Act's application can be extended or restricted through subordinate instruments, which are subject to the legislative requirements outlined in the Legislative Instruments Act 2003. The Act does not currently specify any exclusions, exemptions, or thresholds, although these may be introduced through future amendments or regulations. The Act's scope is comprehensive, covering all aspects of species protection and biodiversity conservation across the nation.

Key Provisions

The main operative sections of the instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) concern amendments to the list of threatened species (section 184(1)). Specifically, the instrument adds Paragalaxias mesotes (Arthurs Paragalaxias) and Galaxias auratus (Golden Galaxias) to the list of endangered species, while removing Galaxias pedderensis (Pedder Galaxias) from the list of endangered species and adding it to the list of extinct in the wild species, based on recommendations from the Threatened Species Scientific Committee (section 184(1)). These changes are made pursuant to the criteria set out in section 179 of the Act, which defines the categories of extinct in the wild, critically endangered, endangered, and vulnerable species. The Act imposes specific obligations on the Commonwealth to protect and conserve threatened species and ecological communities, as well as to recognise and, where possible, abate key threatening processes (section 3). Under this instrument, the Commonwealth is required to take appropriate measures to protect and conserve the listed species, including the Arthurs Paragalaxias and the Golden Galaxias, which are now classified as endangered, and the Pedder Galaxias, which is classified as extinct in the wild. This includes implementing conservation strategies, managing habitats, and monitoring the populations of these species. Additionally, the Act requires the Commonwealth to take steps to abate key threatening processes that may adversely affect the listed species. Failure to comply with the provisions of the Act can result in both civil and criminal penalties. For example, under section 510 of the Act, a person who contravenes a direction or requirement under the Act may be liable to a civil penalty of up to $222,200 for a corporation or $44,440 for an individual. Furthermore, under section 511, a person who engages in activities that may harm a listed threatened species or its habitat may be subject to criminal penalties, including fines of up to $1.1 million for a corporation or $222,200 for an individual, and/or imprisonment for up to five years. The Act also allows for the imposition of on-the-spot fines for certain offences, with maximum penalties set out in section 512A.