Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide comprehensive protection of the environment, particularly matters of national environmental significance, and to conserve biodiversity, including the protection and conservation of listed migratory species. The Act empowers the Minister to establish a list of migratory species under section 209, which encompasses species listed under various international agreements, such as the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention) and bilateral agreements like the Japan-Australia Migratory Bird Agreement (JAMBA) and the China-Australia Migratory Bird Agreement (CAMBA). This legislative instrument, issued under section 209(6) of the Act, corrects an inaccuracy in the scientific name of a migratory species on the list, ensuring compliance with the Act’s requirements. The instrument aims to rectify the name from "Diomedea sandfordi" to "Diomedea sanfordi," thereby aligning the List with the international agreements and maintaining the integrity of the migratory species list. Public consultation was deemed unnecessary for this minor amendment, and the instrument is subject to the Legislation Act 2003, although it is exempt from disallowance.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 provides for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including the protection and conservation of listed migratory species. Under this Act, the Minister is required to establish a list of migratory species, which is a compilation of native species listed in international agreements such as the Convention on the Conservation of Migratory Species of Wild Animals, the Japan-Australia Migratory Bird Agreement, and the China-Australia Migratory Bird Agreement, among others. This legislative instrument serves to amend the list by correcting the scientific name of a migratory species, ensuring that the list includes all species required to be included under the Act. The instrument is a legislative instrument for the purposes of the Legislation Act but is exempt from disallowance. The purpose of this instrument is to correct an inaccuracy in the scientific name of a species included in the list, with no public consultation required due to the minor nature of the change.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a framework for protecting the environment and conserving biodiversity, including migratory species. Section 209 of the EPBC Act mandates the Minister to maintain a list of migratory species, known as the List, which includes species from various international agreements such as the Bonn Convention, JAMBA, CAMBA, and ROKAMBA. This legislative instrument amends the List to correct the scientific name of a species from Diomedea sandfordi to Diomedea sanfordi. The primary purpose of this amendment is to ensure that the List accurately reflects the species required under section 209(3)(a)(ii) of the Act. This minor correction ensures that the list remains consistent with international agreements and accurately identifies the species protected under the Act. The Act imposes several obligations on the Minister, including the responsibility to maintain an accurate List of migratory species as mandated by section 209. This includes the power to amend the List to correct inaccuracies or update species names, as outlined in section 209(6). The Minister is also required to consult, as deemed appropriate, before making such amendments, although in this case, no public consultation was deemed necessary due to the minor nature of the change. Additionally, section 17(1)(a) of the Legislation Act 2003 requires the rule-maker to be satisfied with any consultation undertaken before making the legislative instrument. The instrument is subject to the Legislation Act but is exempt from disallowance under section 42. Breach of the requirements set out in the EPBC Act can lead to various civil and criminal consequences. While the Act itself does not explicitly outline specific penalties for incorrect listings, breaches of the Act can result in enforcement actions, fines, and legal proceedings under other relevant environmental legislation. The penalties for such breaches can vary significantly depending on the nature and severity of the offence. For example, unauthorised activities that harm listed species can result in substantial fines, with maximum penalties reaching up to $1.1 million for corporations and $220,000 for individuals, as stipulated in the EPBC Act. These provisions underscore the importance of maintaining accurate and up-to-date information on the List of migratory species to ensure effective environmental protection and compliance with the Act.