Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide a framework for the protection and conservation of the environment, including threatened species. This Act addresses the problem of declining biodiversity by imposing obligations on the Commonwealth to protect and conserve threatened species and ecological communities. 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 categorising several species as critically endangered or endangered. The inclusion of these species is based on thorough consultation with relevant experts and public feedback gathered during the nomination process. The policy objective of this legislative instrument is to ensure that appropriate conservation measures are implemented to safeguard these vulnerable species from further decline.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any person, entity, or industry engaged in activities that may impact on matters of national environmental significance in Australia, including the protection and conservation of threatened species and ecological communities. The Act has a national reach, applying to actions taken anywhere in Australia, and extends to external territories, with the consent of the relevant territory government. The Act's obligations can be extended or modified by subordinate legislation, which can specify exemptions, exclusions, or thresholds for particular activities or circumstances. The Act's authority to protect threatened species is supported by amendments to the list of threatened species, which can include new species based on scientific assessment and consultation with relevant experts and the public. In this instance, the legislative instrument amends the list to include certain species in the critically endangered and endangered categories, reflecting their conservation status and the need for protective measures.

Key Provisions

The legislative instrument issued under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) introduces amendments to the list of threatened species (s184(1)). Specifically, it adds three species to the critically endangered category: Keraurdenia exastia, Synaphea sp. Fairbridge Farm (D. Papenfus 696), and Synaphea sp. Pinjarra (R. Davis 6578). Additionally, Synaphea stenoloba is included in the endangered category. These additions are made to better protect and conserve these species, ensuring that they receive the necessary legal protection under the Act. Under the Act, the inclusion of these species in the threatened categories imposes certain obligations on the Commonwealth, particularly in terms of protecting their habitats and ensuring their conservation. For example, actions that may harm these species or their habitats require approval from the relevant authorities. The Act also requires that a threat abatement plan be developed for these species, outlining the measures necessary to prevent their extinction or reduce the threats to their survival. Breaching the provisions of the Act can lead to various legal consequences. For instance, individuals or entities that engage in activities harmful to listed threatened species without the required approvals may face penalties. Under section 474 of the Act, a person who contravenes a direction, condition or requirement of a consent may be liable to a fine of up to $210,000 for an individual or $1,050,000 for a body corporate. Furthermore, there may be additional civil and criminal penalties for knowingly or recklessly causing harm to listed species, which can include fines of up to $630,000 for an individual or $3,150,000 for a body corporate, or imprisonment for up to five years. These stringent penalties underscore the importance of complying with the Act’s requirements to protect endangered and critically endangered species.