EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)
(Issued under the Authority of the Minister for the Environment and Heritage)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and recognise, and where possible, abate key threatening processes listed on the list of threatened species, ecological communities and key threatening processes under the Act.
The purpose of this instrument is to amend the list of key threatening processes under the Act in accordance with s184 by
- adding ‘Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant Anoplolepsis gracilipes on Christmas Island, Indian Ocean’ to the list of key threatening processes
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of key threatening process in s188(4) of the Act.
The Committee’s recommendations are as follows:
The evidence presented in the nomination and submitted by experts in the field enabled the Committee to judge that ‘Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant Anoplolepsis gracilipes on Christmas Island, Indian Ocean’ is eligible for listing as a key threatening process under the Act. The threatening process met the criteria in the Act and EPBC Regulations (Part 7, Division 7.2). Three criteria for listing as a key threatening process were met:
Criterion A: It could cause a native species or an ecological community to become eligible for listing in any category, other than conservation dependent
Criterion B: It has the potential to cause a number of nationally listed threatened species to become eligible for listing in another category representing a higher degree of endangerment.
Criterion C: It adversely affects two or more species listed under the EPBC Act.
On this basis, the Committee recommends that ‘Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant Anoplolepsis gracilipes on Christmas Island, Indian Ocean’ be listed as a key threatening process under the Environment Protection and Biodiversity Conservation Act 1999.
On the basis of the advice of the Committee, I am satisfied that ‘Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant Anoplolepsis gracilipes on Christmas Island, Indian Ocean’ is eligible to be included in the key threatening process category.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection and conservation of Australia's biodiversity. This Act outlines specific obligations for the Commonwealth government in safeguarding threatened species and ecological communities, as well as recognising and mitigating key threatening processes. One of the mechanisms for implementing this Act is through legislative instruments, which allow for the amendment of schedules and lists under the Act. In this case, the instrument under section 184(1) was issued to amend the list of key threatening processes by adding 'Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant Anoplolepsis gracilipes on Christmas Island, Indian Ocean'. This addition was based on the recommendation of the Threatened Species Scientific Committee, which assessed the threat according to specified criteria in the Act and supporting regulations, ultimately determining that the yellow crazy ant invasion meets the necessary conditions for listing as a key threatening process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Commonwealth and provides for the protection and conservation of threatened species, ecological communities, and key threatening processes. This legislation mandates the recognition and abatement of key threatening processes that adversely impact biodiversity, and its scope includes obligations for the Commonwealth to safeguard native species and ecosystems. In this context, the Act includes 'Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant Anoplolepsis gracilipes on Christmas Island, Indian Ocean' as a key threatening process, recognising the threat it poses to native species and ecological communities. This addition follows the recommendations of the Threatened Species Scientific Committee, which evaluated the threat based on specific criteria, including its potential to elevate the risk level for already listed threatened species and its impact on multiple species under the Act. The Act's application is national, extending across the Commonwealth of Australia, and its provisions can be further defined through subordinate instruments, thus allowing for the precise regulation of processes threatening biodiversity and ecosystem integrity.
Key Provisions
The main operative sections of the instrument pertain to the addition of a specific key threatening process to the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 184(1) of the Act authorises the Minister to amend the list of key threatening processes based on recommendations from the Threatened Species Scientific Committee. In this case, the instrument adds "Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant Anoplolepsis gracilipes on Christmas Island, Indian Ocean" to the list, as recommended by the Committee. The addition follows the criteria outlined in sections 188(4) and the EPBC Regulations (Part 7, Division 7.2), which the Committee has deemed met, including criteria A, B, and C.
Under this Act, entities and parties governed by it must comply with the newly added key threatening process. This includes taking necessary actions to mitigate the impacts of the yellow crazy ant invasion on Christmas Island, which could include implementing control measures, conducting monitoring programs, and reporting any findings or actions taken. The Act places an obligation on these entities to consider the effects of their actions on the listed key threatening process and to avoid, mitigate, or offset any adverse impacts. Furthermore, any projects that may be affected by this new listing must undergo an assessment under the Act to determine if they will have a significant impact on the listed process, and if so, appropriate measures must be put in place to address these impacts.
Breaches of the obligations set out in the Act can lead to both civil and criminal consequences. For civil breaches, parties may be subject to enforcement actions, which could include injunctions, compliance orders, or financial penalties. The maximum penalties for these civil breaches can be substantial, often reaching up to several thousand Australian dollars per offence, depending on the severity and nature of the breach. Criminal penalties may also apply for more serious offences, including imprisonment for individuals and fines for corporations. The exact penalties depend on the specific provisions of the Act and the nature of the offence, but they are designed to ensure compliance with the Act’s provisions aimed at protecting biodiversity and mitigating key threatening processes.