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 and key threatening processes under the Act in accordance with s184 by
- adding ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ to the list of key threatening processes; and
- adding Dasyurus hallucatus (Northern Quoll) to the list of endangered species
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered in s179(3) of the Act, endangered in s179(4) of the Act, vulnerable in s179(5) of the Act, and key threatening process in s188(4) of the Act.
The Committee’s recommendations are as follows:
- ‘The biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’
The evidence presented in the nomination and submitted by experts in the field enabled the Committee to judge that ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ is eligible for listing as a key threatening process under the Act. The threatening process met the criteria in the Act and EPBC Regulations (Part 7, Division 7.2). In particular, one criterion for listing as a key threatening process was met:
Criterion A: It could cause a native species or an ecological community to become eligible for listing in any category, other than conservation dependent
On this basis, the Committee recommends that ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ be listed as a key threatening process under the Environment Protection and Biodiversity Conservation Act 1999.
On the basis of the advice of the Committee, I am satisfied that ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ is eligible to be included in the key threatening process category.
2. Dasyurus hallucatus (Northern Quoll)
The evidence presented in the nomination and submitted by experts in the field enabled the Committee to judge that Dasyurus hallucatus (Northern Quoll) 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, one criterion for listing as endangered was met:
Criterion 1: It has undergone, is suspected to have undergone, or is likely to undergo in the immediate future, a very severe reduction in numbers
On this basis, the Committee recommends that Dasyurus hallucatus (Northern Quoll) 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 Dasyurus hallucatus (Northern Quoll) is eligible to be included in the 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 the 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 protect and conserve threatened species and ecological communities, and to recognise and, where possible, abate key threatening processes affecting them. This Act was introduced to address the problem of biodiversity loss by providing a framework for the protection and management of species and ecological communities that are threatened or endangered. The Explanatory Statement details an amendment instrument issued under the authority of the Minister for the Environment and Heritage, which seeks to add the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus) to the list of key threatening processes, and to list Dasyurus hallucatus (Northern Quoll) as an endangered species. This amendment was made in response to recommendations from the Threatened Species Scientific Committee, which provided evidence and expert advice supporting the inclusion of these additions to the Act. The policy objective remains the protection and conservation of Australia's biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, hereinafter referred to as the Act, pertains to entities and individuals who are involved in actions that impact the environment, particularly those that threaten biodiversity. This legislation applies to actions and processes undertaken within Australia’s jurisdiction, including Commonwealth areas, territories, and states, that may affect listed threatened species, ecological communities, or key threatening processes. The Act imposes obligations on the Commonwealth to protect and conserve these entities and processes. In this context, the Act has been amended to add 'the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)' to the list of key threatening processes, as well as to list Dasyurus hallucatus (Northern Quoll) as an endangered species, following recommendations by the Threatened Species Scientific Committee. The instrument that facilitates these amendments is a legislative instrument under the authority of the Minister for the Environment and Heritage, and it commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary sections of this instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) are section 184, which allows for amendments to the lists of threatened species and key threatening processes. Section 184(1) specifically authorises the Minister for the Environment and Heritage to amend these lists based on recommendations from the Threatened Species Scientific Committee (the Committee). The Act requires these amendments to be made in accordance with the criteria set out in sections 179 and 188, which define categories such as endangered, vulnerable, and key threatening processes. This instrument adds ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ to the list of key threatening processes and lists Dasyurus hallucatus (Northern Quoll) as an endangered species.
The obligations imposed by this Act on the parties and entities it governs include a requirement to manage and protect listed species and threatening processes. Specifically, for the biological effects of Cane Toads, parties must take measures to mitigate these effects where possible. For the Northern Quoll, conservation efforts must be intensified to prevent further decline in its population. These obligations necessitate active participation from various stakeholders, including federal and state governments, local communities, and conservation groups, to ensure the protection and recovery of endangered species and the mitigation of key threatening processes.
In terms of penalties and consequences, the Act provides for both civil and criminal sanctions for breaches. Civil penalties may include fines for non-compliance with the provisions protecting threatened species and key threatening processes. For instance, failing to adhere to the requirements for managing the biological effects of Cane Toads could result in substantial fines. Criminal penalties may apply in cases of deliberate or reckless breaches, with maximum penalties including substantial fines and imprisonment. The exact penalties depend on the severity and intent behind the breach, as outlined in the relevant sections of the Act and the Environment Protection and Biodiversity Conservation Regulations.