EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Water)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Ecological Communities Amendment (EC179) Instrument 2022
Background
The Environment Protection and Biodiversity Conservation Act 1999 (Act) provides for the protection of the environment and the 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 endangered category: Subtropical eucalypt floodplain forest and woodland of the New South Wales North Coast and South East Queensland bioregions, as recommended by the Threatened Species Scientific Committee (Committee), having regard to its eligibility for the endangered category under subsection 182(2) of the Act.
The Committee concluded that the Subtropical eucalypt floodplain forest and woodland of the New South Wales North Coast and South East Queensland bioregions met the criteria specified in regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as endangered because its decline in geographic distribution is severe; and
- Criterion 4 as endangered because the reduction in its integrity across most of its geographic distribution is severe, as indicated by degradation of the community or its habitat, or disruption of important community processes, that is severe.
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 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 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) aims to protect the environment and conserve biodiversity, including the conservation of threatened ecological communities. The EPBC Act mandates the Minister for the Environment and Water to establish and maintain a list of threatened ecological communities, categorising them as critically endangered, endangered or vulnerable. The List of Threatened Ecological Communities Amendment (EC179) Instrument 2022 seeks to address the problem of declining biodiversity by amending the EPBC Act’s list of threatened ecological communities. This legislative instrument was enacted by the Minister for the Environment and Water and was developed following consultation with the Threatened Species Scientific Committee and the public. The policy objective of this instrument is to include subtropical eucalypt floodplain forest and woodland of the New South Wales North Coast and South East Queensland bioregions in the endangered category, based on its severe decline in geographic distribution and integrity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and the conservation of biodiversity throughout Australia, including the protection and conservation of threatened ecological communities. This legislation applies to all persons, entities and industries within the Commonwealth jurisdiction, with particular focus on actions or activities that may impact upon listed threatened species or ecological communities. The Act establishes a list of threatened ecological communities, which are classified into categories such as critically endangered, endangered and vulnerable, and allows for amendments to this list by the Minister for the Environment and Water, as recommended by the Threatened Species Scientific Committee. The List of Threatened Ecological Communities Amendment (EC179) Instrument 2022 specifically seeks to amend the list by including Subtropical eucalypt floodplain forest and woodland of the New South Wales North Coast and South East Queensland bioregions into the endangered category. This amendment is based on the Committee's assessment that this ecological community meets the eligibility criteria for the endangered category due to its severe decline in geographic distribution and reduction in integrity across most of its geographic distribution. The Act extends its application through subordinate instruments, such as the Environment Protection and Biodiversity Conservation Regulations 2000, which provide further detail on the eligibility criteria for listing threatened ecological communities.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this instrument are sections 181 and 184(a). Section 181 requires the Minister to establish a list of threatened ecological communities, which are divided into categories such as critically endangered, endangered, and vulnerable. Section 184(a) allows the Minister to amend this list by including additional items through a legislative instrument. In this case, the instrument adds the Subtropical eucalypt floodplain forest and woodland of the New South Wales North Coast and South East Queensland bioregions to the endangered category of the list, following recommendations from the Threatened Species Scientific Committee.
The obligations imposed by the Act on the parties or entities it governs include the requirement to protect and conserve threatened ecological communities. Specifically, for the listed Subtropical eucalypt floodplain forest and woodland, the Act mandates that appropriate measures be taken to prevent further decline and to restore the ecological integrity of these communities. This involves ensuring that any activities impacting these areas are managed in a way that minimises harm to the listed ecological communities. The Act also places a responsibility on the Minister to monitor and review the status of these communities regularly and to take further action if necessary.
The instrument also outlines the consequences for non-compliance with the Act. Offences under the EPBC Act can lead to both civil and criminal penalties. For instance, actions that result in the destruction of listed threatened ecological communities can lead to fines and imprisonment. The maximum penalty for individuals can be significant, with fines reaching up to $82,500 and imprisonment for up to two years. For corporations, the fines can be much higher, up to $412,500. Additionally, the Act allows for the imposition of administrative penalties and compliance orders to ensure adherence to the provisions of the Act and the protection of threatened ecological communities.