Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to address the need for comprehensive protection and conservation of threatened species and ecological communities in Australia. This legislation was enacted by the Australian Parliament and aims to provide a robust framework for the preservation of biodiversity. The Act places specific obligations on the Commonwealth to safeguard species that are at risk of extinction. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of threatened species as per section 184(1)(a) of the Act. It adds several species to the critically endangered and endangered categories, including Acacia cochlocarpa subsp. velutinosa, Acacia unguicula, Brachyscias verecundus, Calectasia cyanea, Daviesia glossosema, Muehlenbeckia horrida subsp. abdita, Cherax tenuimanus, and Galaxias truttaceus hesperius among others. The amendment process involved extensive consultation with parties possessing relevant expertise and public exhibition of the nominations to gather feedback. This legislative instrument is governed by the Legislative Instruments Act 2003 and commenced on the day following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to various entities and individuals who are involved in activities that may impact threatened species and ecological communities. The Act imposes obligations on the Commonwealth to protect and conserve these species and communities, and it applies to actions taken within Australia and its territorial waters. The Act's reach extends to Commonwealth land, and it can also apply to actions taken outside Australia if they have a significant impact on a matter declared to be of national environmental significance. The Act provides for the listing of threatened species and ecological communities, and it establishes various offences and penalties for non-compliance with the Act's provisions. The Act can be amended through subordinate legislation, which can include the addition or removal of species from the list of threatened species. The instrument under section 184(1)(a) of the Act amends the list of threatened species by including certain species in the critically endangered and endangered categories. This amendment was made following consultation with relevant experts and the public. The Act does not apply to actions taken in accordance with a bilateral or multilateral agreement relating to the conservation of biodiversity, or to certain activities authorised by a State or Territory law or permitted under a State or Territory law.

Key Provisions

The main operative sections of this instrument pertain to the inclusion of certain species in the threatened species list under the Environment Protection and Biodiversity Conservation Act 1999. Specifically, section 3 of the instrument adds Acacia cochlocarpa subsp. velutinosa (Velvety Spiral Pod Wattle), Acacia unguicula (a shrub), Brachyscias verecundus (Ironstone Brachyscias), Calectasia cyanea (Blue Tinsel Lily), Daviesia glossosema (Maroon-flowered Daviesia), Muehlenbeckia horrida subsp. abdita (Remote Thorny Lignum), Cherax tenuimanus (Hairy Marron), and Galaxias truttaceus hesperius (Western Trout Minnow) to the critically endangered category (s.3(1)). Similarly, section 4 includes Acacia chapmanii subsp. australis (a shrub) and Caladenia williamsiae (Williams Spider Orchid) in the endangered category (s.4(1)). These additions to the threatened species list are intended to provide these species with additional protections under the Act. The Act imposes several obligations on parties and entities involved with these newly listed species. Firstly, the Act requires that any action likely to have a significant impact on a listed threatened species must be assessed and approved by the relevant authorities under the Act (s.187B). This includes actions such as land clearing, habitat destruction, or any other activities that might endanger the survival of these species. Additionally, any person who possesses, trades, or transports a listed threatened species must hold the appropriate permit or licence issued under the Act (s.210, s.211). These obligations are designed to ensure that the conservation efforts are effectively implemented and that the species receive the necessary protection. Failure to comply with the obligations and requirements of the Act can lead to various civil and criminal consequences. Under section 475 of the Act, any person who contravenes an obligation or requirement can be subject to a civil penalty of up to $66,600 for individuals and $333,000 for bodies corporate. In cases of serious or repeated breaches, criminal penalties may apply. For instance, a person found guilty of knowingly engaging in activities that harm a listed threatened species can be fined up to $500,000 for individuals and $2,500,000 for bodies corporate, and may also face imprisonment for up to five years (s.476). These penalties serve as a deterrent against non-compliance and reinforce the importance of protecting threatened species under the Act.