Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was introduced to address the need for comprehensive protection and conservation of the nation's biodiversity. This Act places significant obligations on the Commonwealth to safeguard threatened species and their habitats. The explanatory statement for the legislative instrument F2009L00033, issued under the authority of the Minister for the Environment, Heritage and the Arts, indicates that the purpose of this instrument is to amend the list of threatened species under the Act by reclassifying the Leatherback Turtle (Dermochelys coriacea) from the vulnerable category to the endangered category. This amendment reflects the policy objective of providing a higher level of protection for species that are at greater risk of extinction. The instrument was developed following consultations with relevant experts and the public, ensuring that the changes are informed by comprehensive input and feedback.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to all individuals, corporations, and entities within the jurisdiction of the Commonwealth of Australia, as well as to actions and activities that may impact matters of national environmental significance. This includes the protection and conservation of threatened species, which is a primary focus of the Act. The geographic reach of the Act is national, as it pertains to the entire territory of Australia, including its territorial waters and external territories. The Act imposes obligations on the Commonwealth to safeguard these species and their habitats, and it extends to the regulation of activities that may affect these species, regardless of where they are conducted within Australia or its territories. The Act may also extend its application through subordinate instruments that further define or refine the scope of its obligations and protections. This particular legislative instrument amends the list of threatened species by removing the Leatherback Turtle from the vulnerable category and placing it in the endangered category, reflecting the species' declining status and the need for heightened conservation efforts.

Key Provisions

The key provisions of this legislative instrument concern the amendments to the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (s184(1)(c)). Specifically, the instrument removes Dermochelys coriacea (Leatherback Turtle) from the vulnerable category (section 2(1)(a)) and adds it to the endangered category (section 2(1)(b)). This amendment is intended to reflect the current conservation status of the Leatherback Turtle. These changes are made under the authority of the Minister for the Environment, Heritage and the Arts, and the process for these amendments involved consultation with relevant parties and public exhibition. The obligations imposed by this Act on the parties and entities it governs include ensuring that the Leatherback Turtle is now recognised as an endangered species. This means that any actions that could potentially harm the Leatherback Turtle must now be more strictly regulated to prevent further endangerment. The Act imposes a duty on those responsible for activities that may impact this species to consult with relevant authorities and to take all reasonable measures to avoid, mitigate or offset harm to the species (section 184(1)(c)). This includes developers, land managers, and other stakeholders whose activities may affect the Leatherback Turtle. The Act also outlines the consequences for non-compliance with its provisions. Offences under the Act can lead to significant penalties. For example, knowingly or recklessly causing harm to an endangered species can result in a fine of up to $216,000 for individuals and $1,080,000 for corporations (section 476). Furthermore, failing to comply with a direction issued under the Act can result in fines of up to $63,000 for individuals and $315,000 for corporations (section 477). These penalties underscore the seriousness with which the Act treats the protection of endangered species. Civil and criminal penalties can also apply, depending on the severity of the breach and the intent behind it, reinforcing the Act’s commitment to stringent conservation measures.