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 threatened species and key threatening processes under the Act in accordance with s184 by
- adding ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ to the list of key threatening processes; and
- adding Dasyurus hallucatus (Northern Quoll) to the list of endangered species
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered in s179(3) of the Act, endangered in s179(4) of the Act, vulnerable in s179(5) of the Act, and key threatening process in s188(4) of the Act.
The Committee’s recommendations are as follows:
- ‘The biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’
The evidence presented in the nomination and submitted by experts in the field enabled the Committee to judge that ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ 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). In particular, one criterion for listing as a key threatening process was 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
On this basis, the Committee recommends that ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ 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 ‘the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)’ is eligible to be included in the key threatening process category.
2. Dasyurus hallucatus (Northern Quoll)
The evidence presented in the nomination and submitted by experts in the field enabled the Committee to judge that Dasyurus hallucatus (Northern Quoll) is eligible for listing as endangered under the Act. The species met the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, one criterion for listing as endangered was met:
Criterion 1: It has undergone, is suspected to have undergone, or is likely to undergo in the immediate future, a very severe reduction in numbers
On this basis, the Committee recommends that Dasyurus hallucatus (Northern Quoll) be listed as endangered under the Environment Protection and Biodiversity Conservation Act 1999.
On the basis of the advice of the Committee, I am satisfied that Dasyurus hallucatus (Northern Quoll) is eligible to be included in the endangered category.
In deciding to include this species in the list, I did not consider any matter that does not relate to the survival of the species.
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 (the Act) was enacted to safeguard Australia's biodiversity by placing obligations on the Commonwealth to protect and conserve threatened species and ecological communities, as well as recognise and mitigate key threatening processes. This Act was introduced to address gaps in the protection of endangered species and ecological communities, and to provide a legal framework for managing activities that may impact biodiversity. The Act aims to ensure that the Commonwealth takes into account the protection of biodiversity in its decision-making processes. The Parliament of Australia enacted this legislation to formalise these obligations and provide a structured approach to biodiversity conservation.
This instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of threatened species and key threatening processes under the Act. It adds 'the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)' to the list of key threatening processes, and lists Dasyurus hallucatus (Northern Quoll) as an endangered species. These amendments were made in accordance with the recommendations of the Threatened Species Scientific Committee, which assessed the eligibility of these species and processes based on the criteria outlined in the Act. The policy objective of this legislative instrument is to enhance the protection of Australia's biodiversity by recognising and addressing significant threats to native species and ecological communities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to all individuals, entities, and industries within Australia, with a particular focus on activities that may impact upon threatened species, ecological communities, and key threatening processes. This Act is administered at the Commonwealth level and its provisions extend across all states and territories of Australia. It provides a framework for the protection and conservation of the nation's biodiversity, with the specific intent of mitigating the adverse effects of various threats to native species and ecosystems. This Act also allows for the creation of subordinate legislation to refine or expand the application of its primary provisions. The instrument under consideration amends the lists of key threatening processes and endangered species by adding 'the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)' as a key threatening process and Dasyurus hallucatus (Northern Quoll) as an endangered species. These changes are made pursuant to the recommendations of the Threatened Species Scientific Committee, ensuring the updates are grounded in scientific evidence and expert opinion. The Act's application is inclusive of all relevant activities and entities unless specifically exempted or otherwise modified by subordinate legislation.
Key Provisions
The main operative sections of this legislation amend the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding 'the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus)' to the list of key threatening processes, and by adding Dasyurus hallucatus (Northern Quoll) to the list of endangered species. These additions are made in accordance with the recommendations of the Threatened Species Scientific Committee (Section 184(1)). The amendments are designed to better protect and conserve threatened species and ecological communities and to recognise and abate key threatening processes.
The Act imposes several obligations on the Commonwealth, including the duty to protect and conserve threatened species and ecological communities, and to recognise and abate key threatening processes. By adding the biological effects of Cane Toads to the list of key threatening processes, the Act now mandates that measures be taken to mitigate these effects on native species and ecological communities. Similarly, by listing the Northern Quoll as endangered, the Act requires that specific conservation efforts be implemented to address its decline in numbers.
The Act also establishes a framework for the listing and protection of threatened species and ecological communities. This includes a process for assessing species and processes to determine their eligibility for listing, which is carried out by the Threatened Species Scientific Committee. The Minister for the Environment and Heritage is required to consider the Committee's recommendations and make decisions based on the evidence and criteria outlined in the Act.
Failure to comply with the obligations and requirements set out in the Act can lead to civil and criminal penalties. For instance, actions that threaten listed species or processes can result in fines and imprisonment. Specifically, under Section 475 of the Act, a person can be fined up to $66,600 or imprisoned for up to one year, or both, for contravening the Act by causing harm to a listed threatened species. Similarly, under Section 477, a person can be fined up to $333,000 or imprisoned for up to three years, or both, for contravening the Act by causing harm to a listed key threatening process. These penalties reflect the seriousness with which the Act treats the protection of biodiversity and the consequences of failing to comply with its provisions.