Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to safeguard the environment and conserve biodiversity, including the protection of threatened species. To address the need for accurate and up-to-date nomenclature within the legislative framework, the Environment Protection and Biodiversity Conservation (List of Threatened Species) Amendment (257) Instrument 2021 was introduced. This instrument rectifies and updates the scientific names of species listed under the Act, ensuring consistency with authoritative biological resources. The changes involve correcting the binomial name of Dendronepthya australis to Dendronephthya australis and updating the subspecies description of Pityrodia scabra to Pityrodia scabra subsp. scabra. These amendments were made in consultation with the Commonwealth Threatened Species Scientific Committee and the Australian Biological Resources Study, both of which endorsed the proposed changes. This legislative instrument does not alter the substantive protections afforded to the species but ensures that the List remains a reliable and accurate reference for Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Act) pertains to the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. This Act applies to the Commonwealth of Australia, establishing a list of threatened species categorised into Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (257) Instrument 2021 amends the Act by correcting and updating the scientific names of threatened species listed. Specifically, the Instrument corrects the binomial name of Dendronepthya australis to Dendronephthya australis and updates the description of Pityrodia scabra to Pityrodia scabra subsp. scabra. These amendments are made under the authority of sections 178 and 184(d) of the Act, which empower the Minister to establish and amend the List. The changes were supported by the Commonwealth Threatened Species Scientific Committee and the Australian Biological Resources Study, although no public consultation was deemed necessary due to the non-substantive nature of the amendments. This Legislative Instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms under the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of this Instrument are the amendments to the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, sections 178 and 184(d) authorise the Minister to amend the List, including correcting inaccuracies and updating the names of listed species. The Instrument amends the List by correcting the scientific name of Dendronepthya australis to Dendronephthya australis and updating the description of Pityrodia scabra to Pityrodia scabra subsp. scabra. These amendments ensure the List uses the correct scientific names and descriptions, thereby maintaining the accuracy of the authoritative guide for Australia’s biodiversity. The Act imposes several obligations and requirements on the Minister and relevant entities. The Minister must consult with the Commonwealth Threatened Species Scientific Committee before making amendments to the List, as per subsection 189(1). Although public consultation was not deemed necessary for this Instrument, the Australian Biological Resources Study was consulted, reflecting the importance of ensuring the scientific accuracy of the amendments. Additionally, the Instrument's preparation and implementation must comply with the Legislation Act 2003, which mandates that appropriate consultation be undertaken when making legislative instruments. The Act does not explicitly outline specific offences, penalties, or consequences for breaches related to the amendments made by this Instrument. However, general provisions within the Act may apply where there are breaches in relation to the protection and conservation of threatened species. For instance, under section 504, penalties for contravening certain provisions of the Act may include fines of up to $66,000 for individuals and $330,000 for bodies corporate, along with potential criminal sanctions. These provisions underscore the importance of adhering to the Act's requirements to protect threatened species and their habitats. In summary, the Environment Protection and Biodiversity Conservation Act 1999 List of Threatened Species Amendment (257) Instrument 2021 serves to correct and update the scientific names of threatened species, ensuring the List remains accurate and reliable. The Minister is obligated to consult with relevant scientific bodies and adhere to legislative requirements, while entities must comply with the Act's provisions to avoid potential penalties and criminal sanctions.