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
- deleting Poephila cincta cincta (Black-throated Finch (Southern)) from the list of vulnerable species; and
- adding Poephila cincta cincta (Black-throated Finch (Southern)) to the list of endangered species; and
- adding Amytornis barbatus barbatus (Grey Grasswren (Bulloo)) to the list of vulnerable species
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered in s179(4) of the Act and vulnerable in s179(5) of the Act.
The Committee’s recommendations are as follows:
- Poephila cincta cincta (Black-throated Finch (Southern))
The evidence presented in the nomination and submitted by relevant experts enabled the Committee to judge that Poephila cincta cincta 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 of the criteria for listing as endangered has been met. This is:
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.
On this basis, the Committee recommends that the species 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 Poephila cincta cincta 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 this species.
2. Amytornis barbatus barbatus (Grey Grasswren (Bulloo))
The evidence presented in the nomination and submitted by experts enabled the Committee to judge that Amytornis barbatus barbatus (Grey Grasswren (Bulloo)) 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, one of the criteria for listing as vulnerable has been met. This is:
Criterion 2: Its geographic distribution is precarious for the survival of the species and is very restricted, restricted or limited.
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 Amytornis barbatus barbatus 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, enacted by the Parliament of Australia, aims to protect and conserve Australia's biodiversity and manage the impacts of Commonwealth activities on the environment. This Act establishes the legal framework for identifying and protecting threatened species and ecological communities, as well as addressing key threatening processes. The Act seeks to promote sustainable development by integrating environmental considerations into decision-making processes, ensuring that environmental protection is balanced with economic and social factors. The Act's policy objective is to achieve better environmental outcomes through improved environmental planning, assessment, and management.
An instrument under section 184(1) of the Act was issued to amend the list of threatened species, as recommended by the Threatened Species Scientific Committee. Specifically, this instrument removes the Black-throated Finch (Southern) from the list of vulnerable species and adds it to the list of endangered species. Similarly, the Grey Grasswren (Bulloo) is added to the list of vulnerable species. These changes reflect the Committee's evaluation of the species' eligibility based on criteria such as population decline and geographic distribution, ensuring that the listing accurately reflects the conservation status of these species under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to any person or entity within the Commonwealth of Australia, encompassing individuals, corporations, and government bodies, by imposing specific obligations to protect and conserve threatened species and ecological communities. The Act also aims to recognise and, where possible, abate key threatening processes affecting these species and communities. The Act’s application is not confined to any particular industry but extends across all sectors and activities that may impact on the species and communities listed under the Act. The instrument issued under section 184 of the Act amends the list of threatened species, specifically reclassifying Poephila cincta cincta (Black-throated Finch (Southern)) from vulnerable to endangered, and adding Amytornis barbatus barbatus (Grey Grasswren (Bulloo)) to the list of vulnerable species based on recommendations by the Threatened Species Scientific Committee. The geographic reach of the Act is national, applying across all states and territories in Australia. There are no stated exclusions or exemptions in the instrument, but the Act does provide for certain thresholds and criteria that must be met for species to be listed as threatened. The Act may also extend or restrict its application through subordinate instruments, such as regulations and guidelines issued under its authority.
Key Provisions
The main operative sections of this instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) are sections 184(1) and 184(4), which provide the Minister for the Environment and Heritage with the authority to amend the lists of threatened species and ecological communities. Specifically, section 184(1) allows for the amendment of these lists in accordance with recommendations made by the Threatened Species Scientific Committee (the Committee) and section 184(4) requires that the Minister make a decision on these recommendations. In accordance with these sections, this instrument removes Poephila cincta cincta (Black-throated Finch (Southern)) from the list of vulnerable species and adds it to the list of endangered species, as well as adding Amytornis barbatus barbatus (Grey Grasswren (Bulloo)) to the list of vulnerable species.
The Act imposes several obligations on the parties or entities it governs. Firstly, the Commonwealth is required 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 (section 3). Secondly, the Act requires the Minister for the Environment and Heritage to make a decision on the recommendations of the Committee in accordance with section 184(4) of the Act. The Act also requires the Minister to consider only matters that relate to the survival of the species when making a decision on the listing of threatened species (section 184(4)).
Breach of the Act may result in civil and criminal consequences, including offences and penalties. For example, section 233 of the Act makes it an offence to take an action that is likely to have a significant impact on a matter of national environmental significance without authorisation. This offence is punishable by a fine of up to $66,000 for an individual or $330,000 for a body corporate. Additionally, section 235 of the Act makes it an offence to take an action that is likely to have a significant impact on a threatened species or ecological community without authorisation. This offence is punishable by a fine of up to $66,000 for an individual or $330,000 for a body corporate. Failure to comply with the Act may also result in civil penalties, including compensation for loss or damage caused by the breach.