Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide a framework for the protection and conservation of the environment, including threatened species, ecosystems, and heritage places. This legislation was introduced to address the need for a comprehensive and coordinated approach to environmental protection at the national level, aiming to prevent significant impacts on the environment, particularly threatened species, and to promote sustainable use of natural resources. The Act places specific obligations on the Commonwealth to protect and conserve threatened species. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of threatened species under the Act by removing certain species from the endangered and vulnerable categories, following consultations with relevant experts and the public. The objective of this instrument is to reflect changes in the conservation status of these species, ensuring that the list remains current and accurately represents the threats to biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the whole of the Commonwealth of Australia and imposes obligations on the federal government to protect and conserve the nation's biodiversity, including threatened species. This Act encompasses various entities such as individuals, corporations, and government bodies that engage in activities impacting the environment and biodiversity. The Act also extends to conduct and transactions that may affect threatened species, with the goal of preserving biological diversity and ensuring the ecological sustainability of the nation. Notably, this legislation allows for the amendment of the list of threatened species through subordinate instruments, such as the instrument under section 184(1)(a) described in the Explanatory Statement, which in this instance involves removing certain species from the endangered and vulnerable categories based on expert consultation and public feedback. This instrument, once registered, immediately becomes effective, further illustrating the dynamic nature of the Act in responding to changing ecological conditions and scientific knowledge.

Key Provisions

The instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) amends the list of threatened species by removing certain species from the endangered and vulnerable categories. Specifically, section 184(1)(a) of the Act provides the authority for this amendment. The species being removed from the endangered category include Verticordia harveyi (Autumn Featherflower), Bentleya spinescens (Spiny Bentleya), Lechenaultia pulvinaris (Cushion Leschenaultia), Hemiandra sp. Watheroo (S.Hancocks 4) (Colourful Snakebush), Eucalyptus rhodantha var. petiolaris (Stalked Rose Mallee), Eucalyptus graniticola Brooker & Hopper ms (Scarp Road Mallee), Adenanthos cunninghamii (Albany Woollybush), and Eucalyptus bennettiae (Bennett’s Mallee). From the vulnerable category, the species being removed are Acacia semicircinalis (Wongan Wattle), Caladenia sp. Jarrah Forest (S.D. Hopper 3990) (an orchid), Chordifex chaunocoleus (Heath Rush), Daviesia spiralis (Spiral-leaved Daviesia), Kunzea pauciflora (Mt Melville Kunzea), Anigozanthos humilis subsp. chrysanthus (Golden Catspaw), Amytornis textilis textilis (Thick-billed Grasswren (western subspecies)), Corybas limpidus (Crystal Helmet Orchid), Eremophila microtheca (Heath-like Eremophila), Plectrachne bromoides (a spinifex), and Pimelea rara (Summer Pimelea). The Act imposes certain obligations on the Commonwealth to protect and conserve threatened species. These obligations include maintaining and updating the list of threatened species, ensuring that any actions that may impact these species are properly assessed, and implementing measures to prevent the extinction of these species. By amending the list of threatened species, the Act ensures that resources are focused on species that still require protection, rather than those that have recovered sufficiently to no longer need such protection. There are no specific offences, penalties, or consequences outlined in the Act for the breach of the provisions related to the amendment of the list of threatened species. However, any actions that may negatively impact species listed under the Act can lead to enforcement actions, including fines and imprisonment for individuals, and fines for bodies corporate. The maximum penalties for these offences are set out in section 507 of the Act, with fines of up to $210,000 for individuals and $1,050,000 for bodies corporate. Additionally, the Act provides for civil penalty provisions under section 528, which can result in penalties of up to $1,100,000 for serious or repeated breaches.