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 (EC180) 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 endangered category: Mount Kaputar land snail and slug community, 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 Mount Kaputar land snail and slug community met the criteria specified in regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 2 as endangered because its geographic distribution is 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 near future; and
- Criterion 4 as endangered because the reduction in 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.
- Criterion 5 as endangered because its rate of continuing detrimental change is severe as indicated by intensification, across most of its geographic distribution, in degradation, 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 was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened ecological communities. This Act establishes a framework for the listing of threatened ecological communities and allows the Minister to amend these lists by legislative instrument. The Environment Protection and Biodiversity Conservation Act 1999 List of Threatened Ecological Communities Amendment (EC180) Instrument 2022 was introduced to address the need to update the list of threatened ecological communities under the Act. The purpose of this amendment is to include the Mount Kaputar land snail and slug community in the endangered category, following the recommendation of the Threatened Species Scientific Committee. The Committee determined that this community meets the criteria for the endangered category based on its restricted geographic distribution, severe reduction in integrity, and severe rate of continuing detrimental change. The Minister for the Environment and Water, having considered the advice and public consultation, has decided to include this ecological community in the endangered category to enhance its protection and conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, including individuals, corporations, and government bodies, whose actions may impact the environment and biodiversity. The Act's jurisdictional reach is national, as it operates under the authority of the Commonwealth of Australia to protect and conserve the nation's environmental assets, including threatened ecological communities. This legislative instrument amends the list of threatened ecological communities by including the Mount Kaputar land snail and slug community in the endangered category, as recommended by the Threatened Species Scientific Committee. This amendment is based on the community's eligibility under specified criteria and follows a process of consultation and public exhibition as required by the EPBC Act. The instrument, which is a legislative instrument for the purposes of the Legislation Act 2003, will commence on the day after it is registered on the Federal Register of Legislation, extending the application of the EPBC Act to this newly listed ecological community.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) List of Threatened Ecological Communities Amendment (EC180) Instrument 2022 involve the inclusion of the Mount Kaputar land snail and slug community in the endangered category under section 181 and the amendment process outlined in section 184(a). This legislative instrument, crafted to align with the Act, specifically mandates the Minister to establish and update the list of threatened ecological communities, which is categorised into critically endangered, endangered, and vulnerable. This amendment, as per section 184(a), allows the Minister to add items to this list through legislative instruments. The purpose of this particular amendment is to incorporate the Mount Kaputar land snail and slug community into the endangered category based on the recommendations of the Threatened Species Scientific Committee.
The Act imposes several obligations and requirements on the parties or entities it governs. These include the necessity for the Minister to consult with the Threatened Species Scientific Committee and the public before making amendments to the list of threatened ecological communities. This consultation process ensures that all relevant views and expertise are considered, which is particularly crucial for ecological communities with specific habitat needs and vulnerabilities. Additionally, the Act requires the Minister to consider the eligibility of the ecological community based on specified criteria, including geographic distribution, integrity, and rates of change. These criteria ensure that only those communities meeting stringent scientific standards are listed as endangered.
Under the EPBC Act, breaches or non-compliance with the provisions regarding the listing of threatened ecological communities can lead to various civil or criminal consequences. For instance, if a person knowingly or recklessly engages in an action that would harm a listed threatened ecological community, they could face criminal penalties, including fines of up to AUD 5.5 million for a corporation and AUD 110,000 for an individual, or imprisonment for up to five years, or both. Civil penalties may also apply, with fines for individuals and corporations reaching up to AUD 1.1 million and AUD 2.2 million respectively, for contravening the Act. These penalties are intended to enforce compliance and protect endangered ecological communities from further harm.