EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Ecological Communities Amendment (EC172) Instrument 2022
Background
The Environment Protection and Biodiversity Conservation Act 1999 (Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened ecological communities.
Under section 181 of the Act, the Minister must, by legislative instrument, establish a list of threatened ecological communities (List) divided into the following categories: Critically endangered; Endangered; and Vulnerable.
Under paragraph 184(a) of the Act, the Minister may, by legislative instrument, amend the list of threatened ecological communities by including items in the List in accordance with Part 13, Division 1, Subdivision AA of the Act.
Purpose of the Instrument
The purpose of this instrument is to amend the list by including in the critically endangered category: Drooping sheoak grassy woodland on calcrete of the Eyre Yorke Block Bioregion, as recommended by the Threatened Species Scientific Committee (Committee), having regard to its eligibility for the critically endangered category under subsection 182(1) of the Act.
The Committee concluded that the Drooping sheoak grassy woodland on calcrete of the Eyre Yorke Block Bioregion met the criteria specified in regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as critically endangered because it has undergone a very severe decline in geographic distribution;
- Criterion 2 as critically endangered because its geographic distribution is very restricted, and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the immediate future: and
- Criterion 4 as critically endangered because it has undergone a very severe reduction in integrity across most of its geographic distribution, as indicated by a very severe degradation of the community or its habitat.
On the basis of the assessment and advice of the Committee, the Minister was satisfied that this ecological community is eligible to be included in the critically endangered category. In deciding to include it in the List, the Minister only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community.
Consultation
Consultation to amend the List under the Act to include the ecological community was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act.
A draft assessment was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were considered by the Committee and forwarded to the Minister on 30 November 2021 for consideration.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
This instrument will commence on the day after it is registered on the Federal Register of Legislation.
Authority: section 181 and paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a comprehensive framework for the protection and conservation of Australia's environment and biodiversity. Enacted by the Australian Parliament, the Act provides for the establishment and management of a list of threatened species and ecological communities, which are classified into categories such as Critically endangered, Endangered, and Vulnerable. This Act aims to safeguard ecological communities that are at risk of extinction or severe decline, thereby maintaining the ecological integrity of the nation. The Environment Protection and Biodiversity Conservation (List of Threatened Ecological Communities) Amendment Instrument 2022 (No. 1) was introduced to address the specific need to include the Drooping sheoak grassy woodland on calcrete of the Eyre Yorke Block Bioregion in the critically endangered category, as recommended by the Threatened Species Scientific Committee. This amendment was made in response to the ecological community's severe decline, restricted geographic distribution, and significant degradation, which collectively meet the criteria for critical endangerment under the EPBC Act. The policy objective is to ensure the protection and conservation of this vulnerable ecological community, thereby supporting its survival and recovery.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to all persons and entities within Australia and its territorial waters, as well as to activities and transactions that may impact the environment or biodiversity. This Act is a Commonwealth legislation, thereby extending its jurisdictional reach across the entire nation. The Act mandates the establishment and periodic amendment of a list of threatened ecological communities, categorised as critically endangered, endangered, or vulnerable, to ensure their protection and conservation. The List of Threatened Ecological Communities Amendment (EC172) Instrument 2022 specifically amends the list by including Drooping sheoak grassy woodland on calcrete of the Eyre Yorke Block Bioregion in the critically endangered category, following recommendations by the Threatened Species Scientific Committee. The instrument's scope includes only the specified ecological community and does not extend to other ecological communities unless similarly assessed and recommended by the Committee. The instrument is subject to the Act's provisions and may be further regulated or clarified through subordinate instruments, which can extend or restrict its application as needed.
Key Provisions
The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this amendment are sections 181 and 184. Section 181 mandates the Minister to establish a list of threatened ecological communities, which is divided into critically endangered, endangered, and vulnerable categories. Section 184(a) allows the Minister to amend this list by including new items through a legislative instrument, following the criteria specified under the Act. The amendment instrument in question (F2022L00191) seeks to include a specific ecological community, Drooping sheoak grassy woodland on calcrete of the Eyre Yorke Block Bioregion, in the critically endangered category. This decision is based on a recommendation from the Threatened Species Scientific Committee, which found the community met the eligibility criteria under subsection 182(1) of the EPBC Act.
The obligations imposed by this Act on the parties or entities it governs are significant, particularly in terms of conservation and protection of listed ecological communities. These obligations include measures to prevent the decline or extinction of listed communities and to mitigate the impact of threatening processes that could further endanger these communities. The Act also requires that actions impacting listed ecological communities are assessed under the EPBC Act, ensuring that any developments or activities are environmentally sustainable and do not harm the survival of these communities. Additionally, there are requirements for public consultation and consideration of expert advice when amending the list of threatened ecological communities.
The Environment Protection and Biodiversity Conservation Act 1999 outlines various offences and penalties for breaches of its provisions. Offences can include actions that result in the destruction or adverse modification of listed ecological communities. The maximum penalties for contravening the Act can vary depending on the severity of the offence and the intent behind the actions. For instance, individuals or corporations found guilty of causing harm to listed threatened ecological communities may face significant fines, up to a maximum of $666,000 for a corporation or $133,200 for an individual, or imprisonment for up to five years, or both. These penalties reflect the importance of complying with the Act to ensure the protection and conservation of Australia's biodiversity.