Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive protection and conservation of the nation's biodiversity, particularly focusing on threatened species and ecological communities. The Act places obligations on the Commonwealth to safeguard these aspects of Australia's natural heritage. In response to a nomination and following consultation with relevant experts and the public, the Act was amended through a legislative instrument under section 184(1)(a) to include the Bornemissza’s stag beetle (Hoplogonus bornemisszai) in the critically endangered category. This amendment aims to enhance the protection measures for this species, reflecting the policy objective of conserving Australia's unique and vulnerable biodiversity. The legislative instrument was issued under the authority of the Minister for the Environment, Heritage and the Arts and commenced upon registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any person or entity conducting activities that may impact on matters of national environmental significance, including threatened species, within Australia's jurisdiction. This encompasses individuals, corporations, government entities, and non-government organisations that may engage in actions affecting threatened species, whether through direct impact or through the triggering of legislative requirements for assessment and approval. The Act's scope is national, extending to all Commonwealth areas, including territorial seas, and any actions impacting protected species, whether inside or outside Australia, if those actions originate from within the country. Exclusions or exemptions from the Act are minimal and generally pertain to specific activities authorised by the Minister under certain conditions. The application and enforcement of the Act can be further defined or modified through subordinate instruments, which may detail specific actions, thresholds, or conditions under which the Act applies, thereby extending or restricting its application to ensure precise regulatory oversight.

Key Provisions

The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) that this instrument amends concern the listing of threatened species, specifically under section 184(1)(a). This amendment adds Hoplogonus bornemisszai, also known as Bornemissza’s stag beetle, to the list of critically endangered species. This action formally recognises the species' conservation status and triggers the associated protections and obligations under the Act. The Act imposes several obligations on the parties and entities it governs. Firstly, it requires the Commonwealth to take necessary measures to protect and conserve the listed species, including their habitats. This means that any action that might harm a listed species must be assessed and managed to ensure it does not lead to further decline or extinction. For the Bornemissza’s stag beetle, this involves specific actions to protect its habitat and population, which may include restrictions on land use, pollution control, and other conservation activities. Failure to comply with the obligations and requirements set out in the Act can result in serious consequences. Under the Act, certain actions that harm listed species can constitute offences. These can include the destruction of habitats, the collection or killing of the species, and any other activities that may adversely affect the species. The penalties for these offences can be significant, including fines of up to $222,200 for individuals and $1,111,100 for corporations, as well as potential imprisonment terms. These penalties reflect the serious nature of protecting endangered species and the importance of complying with the conservation measures outlined in the Act.