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 Neophoca cinerea, (Australian Sea-lion) 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:
The evidence presented in the nomination and submitted by experts in the field enabled the Committee to judge that Neophoca cinerea, (Australian Sea-lion) 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, two of the criteria for listing as vulnerable have been met. These are:
Criterion 1: The species has undergone, is suspected to have undergone or is likely to undergo in the immediate future a substantial reduction in numbers.
Criterion 3: The estimated total number of mature individuals is limited and evidence suggests that the number will continue to decline at a substantial rate.
On this basis, the Committee recommends that Neophoca cinerea, (Australian Sea-lion) 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 Neophoca cinerea, (Australian Sea-lion) 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 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 to address the need for comprehensive protection and conservation of threatened species, ecological communities, and to mitigate key threatening processes. This legislation was introduced by the Commonwealth Parliament with the policy objective of safeguarding Australia's biodiversity and natural heritage. As part of its ongoing commitment to protect vulnerable species, the Act has been amended to include the Neophoca cinerea, or Australian Sea-lion, in the list of vulnerable species, following recommendations from the Threatened Species Scientific Committee. This addition was made based on evidence indicating a substantial reduction in the population and a predicted ongoing decline, thereby meeting the criteria outlined in the Act for vulnerable species. The inclusion of the Australian Sea-lion in the Act aims to enhance conservation efforts and ensure the species' survival.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection and conservation of threatened species and ecological communities, and the abatement of key threatening processes within the Commonwealth of Australia. This legislation imposes obligations on the Commonwealth to safeguard these elements, and includes mechanisms for listing species as threatened, which is crucial for their protection. The Act’s jurisdiction spans the entire nation, thereby affecting a broad range of industries and activities that may impact on threatened species and their habitats. The Act applies to individuals, corporations, and other entities that undertake actions that may result in the triggering of Commonwealth protections for listed species. The application of the Act extends to all activities that may impact listed species, regardless of location within Australia. The Act may be subject to amendments and refinements through subordinate instruments, which can further define the scope of its application and enforcement mechanisms. The addition of Neophoca cinerea, the Australian Sea-lion, to the list of vulnerable species under this Act exemplifies the dynamic nature of its application, adapting to new scientific findings and recommendations by expert bodies such as the Threatened Species Scientific Committee.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) governs the protection and conservation of threatened species and ecological communities, and the recognition and abatement of key threatening processes. This legislative instrument amends the Act by adding Neophoca cinerea, or the Australian Sea-lion, to the list of vulnerable species (sections 184(1) and 179). This amendment follows recommendations from the Threatened Species Scientific Committee, which determined that the Australian Sea-lion is eligible for listing as vulnerable based on evidence that it has undergone a substantial reduction in numbers and that its population is limited with a likely future decline (sections 179, 7.1 and 7.2).
The Act imposes specific obligations on the Commonwealth to safeguard the listed species, ensuring measures are in place to protect their habitats and mitigate threats. These obligations include developing and implementing recovery plans, providing permits for activities that might affect the species, and ensuring that all actions taken under the Act are consistent with the species' conservation needs (sections 180 and 183). The Act also requires the Minister to consult with relevant stakeholders, including state governments and Indigenous communities, in the development and implementation of these measures (section 181).
Breaches of the Act may result in both civil and criminal penalties. For example, offences involving the harming or killing of a listed vulnerable species can lead to substantial fines and imprisonment. Specifically, individuals found guilty of intentionally harming a vulnerable species can face a fine of up to $330,000 or imprisonment for up to five years, or both (section 477). Additionally, corporations can be fined up to $1.65 million for similar offences (section 477A). Failure to comply with a permit condition or recovery plan can also attract penalties, including fines and, in severe cases, imprisonment (section 487). These provisions underscore the importance of adhering to the Act's requirements to protect vulnerable species and avoid severe legal consequences.