Inclusion of species in the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (26/05/2003)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. The legislative instrument F2005B02683, dated 26 May 2003, represents an amendment to the EPBC Act whereby the Minister for the Environment and Heritage, David Kemp, adds the species Adclarkia dawsonensis, commonly known as the Boggomoss Snail or Dawson Valley Snail, to the list of threatened species under section 178 of the Act. This amendment categorises the snail as critically endangered, reflecting its precarious conservation status and the need for urgent protective measures. The policy objective behind this inclusion is to safeguard species that are at a high risk of extinction, thereby contributing to the broader goal of preserving Australia's biodiversity.

Scope and Application

The legislative instrument F2005B02683 amends the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999, introducing Adclarkia dawsonensis, commonly known as the Boggomoss Snail or Dawson Valley Snail, into the critically endangered category. This Act applies to the Commonwealth of Australia and encompasses the identification, protection, and management of threatened species, including those that are critically endangered, endangered, or vulnerable. The inclusion of a species into this list triggers specific legal obligations for the protection and conservation of the species, which may involve restrictions on activities that could harm the species or its habitat. The Act applies to all persons, entities, and industries within the jurisdiction of the Commonwealth of Australia, including those conducting activities that may impact the listed species. The geographic reach of the Act is national, as it operates across all states and territories within Australia. There are no stated exclusions or exemptions within the legislative instrument itself, though certain activities may be subject to exemptions or thresholds outlined in other provisions of the Act or subordinate legislation. The Act extends its application through subordinate instruments, which may provide further detail on the specific measures and regulations required for the protection of listed species.

Key Provisions

The legislative instrument (F2005B02683) amends the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Specifically, it includes the species Adclarkia dawsonensis, also known as the Boggomoss Snail or Dawson Valley Snail, in the critically endangered category (s184(1)). This addition places the species under heightened protection due to its critical conservation status, recognising the severe risk of extinction it faces. The Act imposes several obligations on entities and individuals regarding this species. For example, any action that may harm a listed species must be assessed under the Act to determine its potential impact on the species' survival. This includes activities such as land development, pollution, and habitat destruction. Additionally, any actions that involve a listed species must comply with the Act's requirements, which may involve obtaining permits or approvals from relevant authorities (s91). The Act also mandates that conservation strategies and recovery plans be developed and implemented for listed species to ensure their survival and recovery (s180). Failing to comply with the provisions of the EPBC Act can result in various penalties and legal consequences. Under the Act, knowingly taking, injuring, or interfering with a listed species can lead to criminal charges (s207). The maximum penalty for these offences can be significant, with fines of up to $210,000 for individuals and $1,050,000 for corporations, as well as potential imprisonment. Additionally, civil penalties may be imposed for breaches of the Act, which can include fines of up to $630,000 for individuals and $3,150,000 for corporations (s463). These penalties underscore the importance of adhering to the Act's provisions to protect critically endangered species like the Boggomoss Snail.