Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, aims to provide a framework for the protection and conservation of Australia's biodiversity, including threatened species and ecological communities. This Act addresses the gap in previous legislation by establishing a comprehensive system for the protection of species that are at risk of extinction. In 2009, a legislative instrument was issued under the authority of the Minister for the Environment, Heritage and the Arts to amend the list of threatened species under the Act. This instrument was introduced to include specific species, namely Rexea solandri (eastern Australian population, also known as Gemfish) and Galeorhinus galeus (School Shark), in the conservation dependent category. The policy objective was to enhance the protection of these species by formally recognising their threatened status, thereby facilitating more effective conservation measures. The amendment process involved consultation with relevant parties and public exhibition to ensure that the inclusion of these species was based on sound scientific evidence and expert opinion.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of persons, entities, and industries within Australia, with a primary focus on the protection and conservation of biodiversity, including threatened species and ecological communities. The Act operates at the Commonwealth level and therefore has national jurisdiction, meaning it extends across all states and territories within Australia. The Act applies to actions that may impact listed threatened species or ecological communities, and in some cases, to actions that may have a significant impact on matters of national environmental significance. This includes both direct actions, such as activities that harm or are likely to harm a listed species or community, and indirect actions, such as those that may result in the creation of a "trigger" for a action that may harm a listed matter. Certain exemptions and exclusions are provided under the Act, such as for activities that are authorised by a relevant state or territory government, or for activities that are carried out under certain Commonwealth laws. The Act's scope and application can be extended or restricted through the creation of subordinate instruments, such as regulations and determinations, which can provide additional detail or specify particular circumstances in which the Act's provisions apply. This specific legislative instrument amends the list of threatened species under the Act by including Rexea solandri (eastern Australian population) (Gemfish) and Galeorhinus galeus (School Shark) in the conservation dependent category. The process of amending the list involved consultation with relevant experts and public exhibition to seek comments on the proposed amendments. The legislative instrument is a formal document that has legal effect and was registered on the Federal Register of Legislative Instruments, thereby commencing on the day after its registration.

Key Provisions

The legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s184(1)(a)) amends the list of threatened species by adding Rexea solandri (eastern Australian population) (Gemfish) and Galeorhinus galeus (School Shark) to the conservation dependent category (s184(1)(a)). This inclusion requires the Commonwealth to implement protective measures for these species as stipulated by the Act. These measures include developing and enforcing management plans, monitoring population trends, and facilitating conservation efforts to prevent further decline. The Act imposes several obligations on the parties involved. Firstly, it mandates the Commonwealth to develop and implement management plans for the listed species (s184(1)(a)). This involves coordinating with state governments, non-government organisations, and other stakeholders to ensure effective protection and conservation. Secondly, entities engaged in activities that may impact these species must obtain the necessary approvals or permits under the Act (s184(1)(a)). This includes conducting environmental impact assessments and implementing mitigation strategies to minimise harm. There are consequences for failing to comply with the provisions of the Act. Individuals or entities that undertake actions that harm listed species may face civil penalties, including fines of up to $666,666 or $1,333,333 for a corporation (s183H). Additionally, criminal offences may apply for more severe violations, resulting in penalties of up to $333,333 or five years' imprisonment for individuals, and $666,666 or ten years' imprisonment for corporations (s183I). These penalties underscore the importance of adhering to the Act's requirements to protect threatened species and maintain biodiversity.