Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to protect the environment and conserve biodiversity, with a particular focus on matters of national environmental significance and listed migratory species. The Act provides for the creation of a list of migratory species under section 209, which are included in Appendices to the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention), the Japan-Australia Migratory Bird Agreement (JAMBA), the China-Australia Migratory Bird Agreement (CAMBA), or other approved agreements. This legislation aims to ensure the protection and conservation of these species, which are critical to maintaining biodiversity. The Act empowers the Minister or delegate to amend the List of migratory species by legislative instrument, as outlined in section 209(6), to correct inaccuracies or update the names of species. This specific legislative instrument updates the scientific names of certain migratory species in the List to reflect recent taxonomic revisions, ensuring that the List remains accurate and up-to-date without altering the concept or description of the species in question.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to individuals, entities, industries, and conduct that may impact matters of national environmental significance or biodiversity, including listed migratory species. The Act has a national reach across Australia, extending to both Commonwealth and state jurisdictions, as it involves the protection of species that are of significance on an international scale through various agreements such as the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention) and the Japan-Australia Migratory Bird Agreement (JAMBA). This legislative instrument under section 209(6) of the EPBC Act specifically amends the list of migratory species by correcting and updating their scientific names, ensuring that the list aligns with current taxonomic revisions without altering the descriptions of the species involved. This instrument does not apply to the disallowance provisions of the Legislation Act 2003 and came into effect on the day after its registration on the Federal Register of Legislation.

Key Provisions

The primary sections of this legislative instrument (F2017L00527) are centred on section 209(6) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 209(6) provides the authority for the Minister or their delegate to amend the List of migratory species included in the Act, which is necessary to correct inaccuracies or update species names. This particular instrument updates the scientific names of several migratory species listed in the Act, ensuring consistency with the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention) and other bilateral agreements such as the Japan-Australia Migratory Bird Agreement (JAMBA), the China-Australia Migratory Bird Agreement (CAMBA), and the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA). These amendments reflect recent taxonomic revisions and aim to ensure that the List includes all species required under section 209(3)(a)(ii) of the Act without altering the fundamental concept or description of the species. The obligations imposed by this legislative instrument on the parties governed by the Act are primarily administrative and informational. Specifically, the updated List of migratory species must now reflect the corrected scientific names, ensuring that any references or applications under the Act use the accurate nomenclature. This change does not introduce new obligations but ensures that the existing legal framework operates with precise terminology. The Act mandates that the Minister or delegate must ensure that the List is up-to-date and reflects the most current scientific classifications to maintain the integrity of the biodiversity conservation efforts. Any breaches of the Act, including failure to adhere to the updated List of migratory species, may lead to various civil or criminal consequences depending on the severity and intent of the breach. Section 477 of the Act outlines potential penalties for offences, which can include substantial fines and, in severe cases, imprisonment. For instance, knowingly providing false or misleading information related to protected migratory species could result in fines of up to $222,200 for individuals or $1,111,000 for corporations, along with potential imprisonment terms. The Act also allows for the imposition of administrative penalties, including fines for non-compliance with reporting or other procedural requirements related to the protection and conservation of migratory species. These penalties underscore the importance of adhering to the Act’s provisions and maintaining accurate records and classifications of protected species.