Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide a framework for the protection and conservation of Australia's biodiversity, including threatened species and ecological communities. The Act was introduced to address the growing concerns over the decline of Australia's native flora and fauna, and to provide a legal mechanism for their protection. The policy objective of the Act is to ensure that the Commonwealth's actions and decisions do not negatively impact on the environment, and to promote the sustainable use of natural resources. The Act places certain obligations on the Commonwealth to protect and conserve threatened species, and to ensure that their conservation is taken into account in decision-making processes. The legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, amends the list of threatened species under the Act by adding Thelymitra sp. Kangaloon (D.L.Jones 18108) (Kangaloon Sun-orchid) to the list of threatened species in the critically endangered category. The instrument was made in accordance with s184(1)(a) of the Act, and consultation on the nomination to amend the list of threatened species was undertaken before the instrument was made. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the Australian Commonwealth and governs the protection and conservation of threatened species and ecological communities. This Act applies to all persons, entities, and industries within Australia, and encompasses conduct and transactions that may impact these species or communities. The Act's reach extends to national territories, ensuring comprehensive coverage across the country. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, serves to amend the list of threatened species by adding Thelymitra sp. Kangaloon (D.L.Jones 18108) (Kangaloon Sun-orchid) into the critically endangered category. Prior to this amendment, extensive consultation was conducted, including public exhibition and expert consultation, ensuring that the decision was well-informed and transparent. The Act may further extend or restrict its application through subordinate instruments, allowing for flexibility and specificity in addressing environmental issues as they arise.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains several sections that provide for the protection and conservation of threatened species. Of particular note, section 184(1)(a) allows for amendments to the list of threatened species to be made via a legislative instrument. The explanatory statement accompanying the instrument explains that the purpose of the amendment is to add Thelymitra sp. Kangaloon (D.L.Jones 18108) (Kangaloon Sun-orchid) to the list of threatened species in the critically endangered category. The Act imposes obligations on the Commonwealth to protect and conserve threatened species. By adding Thelymitra sp. Kangaloon to the list of threatened species, the Commonwealth is required to take steps to ensure the conservation of this species. This may include measures such as habitat protection, research and monitoring, and management plans. The amendment also triggers the requirement for the development of a recovery plan for the species, which outlines the actions necessary to improve its conservation status. The Act also imposes obligations on other parties and entities. For example, any person who engages in an action that may have an impact on a listed threatened species must obtain a approval or authority from the relevant minister. Additionally, any person who knowingly takes, injures, or kills a listed threatened species, or destroys its habitat, may be subject to criminal or civil penalties. Failure to comply with the Act can result in both civil and criminal penalties. For example, section 476 of the Act provides for a maximum penalty of $500,000 or five years imprisonment, or both, for offences involving the take, injury, or killing of a listed threatened species. Section 482 of the Act provides for a maximum penalty of $220,000 or two years imprisonment, or both, for offences involving the destruction of a listed threatened species' habitat. Additionally, section 507 of the Act provides for the imposition of civil penalties for breaches of the Act, including breaches of approval or authority requirements.