Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Act) serves to safeguard the environment and conserve biodiversity, with a particular focus on protecting and conserving threatened species. Under the Act, the Minister for the Environment and Water has the authority to establish and amend the list of threatened species. The List of Threatened Species Amendment (360) Instrument 2023 amends the Act by adding four specific species to the Critically Endangered category on the list. The species, namely Anilios insperatus, Rhodamnia angustifolia, Rhodamnia longisepala, and Rhodamnia maideniana, were included based on their eligibility as determined by the Threatened Species Scientific Committee and after public consultation. The Minister was satisfied that these species met the criteria for inclusion in the Critically Endangered category due to various threats such as habitat loss, pathogen-induced dieback, and climate change. This legislative instrument is designed to ensure these species receive the necessary protections to mitigate the risks they face in the wild.

Scope and Application

The List of Threatened Species Amendment (360) Instrument 2023 amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding four specific species to the List of Threatened Species under the Act. The species, Anilios insperatus, Rhodamnia angustifolia, Rhodamnia longisepala, and Rhodamnia maideniana, are placed in the Critically Endangered category, indicating that they face an extremely high risk of extinction in the wild. This amendment applies nationally across Australia, extending the protections provided under the Act to these species. The Minister for the Environment and Water has the authority to make this amendment under section 184 of the Act, and the amendment comes into effect the day after registration. The decision to include these species was based on assessments by the Threatened Species Scientific Committee and public consultation, ensuring that the species meet the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument does not specify any exclusions or exemptions and operates in conjunction with any subordinate instruments that may further define or extend its application.

Key Provisions

The main operative sections of the List of Threatened Species Amendment (360) Instrument 2023 (the Instrument) pertain to the inclusion of specific species in the critically endangered category under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 1 of the Instrument names it as the List of Threatened Species Amendment (360) Instrument 2023, while Section 2 stipulates its commencement date as the day after its registration. Section 3 declares the authority under which the Instrument is made, which is section 184 of the Act. The core of the amendments is detailed in Schedule 1, where the list of species under the heading "SPECIES THAT ARE CRITICALLY ENDANGERED" is updated to include Anilios insperatus, Rhodamnia angustifolia, Rhodamnia longisepala, and Rhodamnia maideniana. The Act imposes several obligations and requirements on the parties and entities it governs. Section 178(1) mandates the Minister to establish a list of threatened species, separated into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 186(1) stipulates that the Minister must not include a native species on the List unless satisfied that the species is eligible for the category, as per the prescribed criteria. Subsection 179(3) further clarifies that a native species is eligible for the Critically Endangered category if it faces an extremely high risk of extinction in the wild in the immediate future. The Instrument also requires consultation with the Threatened Species Scientific Committee, as outlined in Part 13, Division 1, Subdivision AA of the Act, and mandates a public consultation period of at least 30 business days, as required by subsection 194M(3). The Act delineates several offences, penalties, and consequences for breaches. Under the Environment Protection and Biodiversity Conservation Regulations 2000, there are specific provisions for offences and penalties related to the unauthorised taking, harming, or trading of threatened species. Although the exact penalties are not detailed within the explanatory statement, the general framework of the Act provides for substantial fines and potential imprisonment for serious offences. For example, under the Act, a person who knowingly engages in activities that harm a listed threatened species can be subject to penalties that include fines of up to $216,000 for individuals and $1,080,000 for bodies corporate, as well as imprisonment for up to five years. These penalties serve as deterrents against activities that could further endanger the already critically endangered species listed. The Instrument ensures that the species Anilios insperatus, Rhodamnia angustifolia, Rhodamnia longisepala, and Rhodamnia maideniana are recognised for their precarious status and subject to the protective measures afforded by being listed under the Act. By complying with the requirements and obligations stipulated in the Act and the Regulations, entities and individuals can help in the conservation efforts for these critically endangered species, thereby avoiding the severe civil and criminal penalties for non-compliance.