Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection and management of the environment, including threatened species, ecosystems, and heritage places. This legislation was introduced to address the gap in comprehensive national protection of the environment and biodiversity, ensuring that significant impacts on the environment are managed effectively across Australia. The EPBC Act places certain obligations on the Commonwealth to protect and conserve threatened species, ecosystems, and heritage places. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, aims to amend the list of threatened species under the Act by removing Pimelea spinescens subsp. pubiflora (Wimmera Rice-flower) from the extinct category and including it in the critically endangered category. The decision to amend the list was preceded by consultation with relevant parties, including the public and experts, to ensure informed and inclusive decision-making. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the whole of Australia and places certain obligations on the Commonwealth to protect and conserve threatened species, ecosystems, and matters of national environmental significance. This Act applies to any person or entity that conducts activities that may impact on these areas, including individuals, corporations, and government agencies, regardless of the geographic location of the activity. The Act's scope extends to all industries and conduct, including mining, agriculture, and urban development, as well as to all transactions that may have an impact on the environment. The Act provides for the creation of a list of threatened species and ecological communities, and this instrument under section 184(1) of the Act amends the list of threatened species by deleting an extinct species and including a critically endangered subspecies. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments. The instrument does not contain any exclusions, exemptions, or thresholds, and its application may be extended or restricted through subordinate instruments.

Key Provisions

The main sections of this legislation (F2009L02159) involve amendments to the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (s184(1)). Specifically, it seeks to remove Pimelea spinescens subsp. pubiflora (Wimmera Rice-flower) from the extinct category and add it to the critically endangered category. This amendment process was conducted following the Act's provisions and involved consultation with relevant parties and public exhibition to gather feedback and expertise (s184(1)). The Act imposes several obligations on the parties governed by it. The primary responsibility lies with the Commonwealth to protect and conserve threatened species, which involves maintaining and updating the list of threatened species to reflect current scientific knowledge and conservation status (s474). This legislative instrument mandates that Pimelea spinescens subsp. pubiflora (Wimmera Rice-flower) be reclassified based on updated assessments of its extinction risk. This ensures that appropriate conservation measures are in place and that the species receives the necessary protection under the Act. Failure to comply with the obligations and requirements set out in the Act can result in civil and criminal penalties. The Act provides for various offences and penalties for breaches, including fines and imprisonment. For example, unauthorised actions that threaten a listed threatened species can result in substantial penalties. Under s487, the maximum penalty for a serious environmental offence can be up to $666,000 for a corporation or $133,200 for an individual, along with potential imprisonment terms. These provisions underscore the seriousness with which the Act treats the protection of threatened species and the consequences of non-compliance. In summary, this legislation amends the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 by reclassifying Pimelea spinescens subsp. pubiflora (Wimmera Rice-flower) from the extinct to the critically endangered category. It imposes specific obligations on the Commonwealth to protect and conserve threatened species and includes stringent penalties for breaches of the Act, reflecting the importance of conservation efforts and compliance with environmental laws.