Overview

The List of Threatened Species Amendment (362) Instrument 2023 is an instrument enacted under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) to address the need for updating and correcting the scientific names of threatened species listed under the Act. This legislative instrument is intended to reflect recent taxonomic revisions and formal publications that have resulted in the correction of species names, without altering the concept or description of the species in question. The Act, which aims to protect and conserve biodiversity, requires the Minister for the Environment and Water to maintain and amend the list of threatened species, and this instrument serves to correct an inaccuracy in the naming of a species listed as vulnerable. The policy objective of this amendment is to ensure the accuracy and integrity of the species list, facilitating effective conservation efforts and regulatory compliance. The Minister, having considered advice from the Threatened Species Scientific Committee and deemed sufficient consultation had been undertaken due to the technical nature of the amendment, has authorised this instrument to amend the name from Wollumbinia belli to Myuchelys belli.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Act) establishes a comprehensive framework for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act applies to all persons and entities within the Commonwealth jurisdiction of Australia, including federal and state governments, businesses, and individuals, as it pertains to activities that may impact the environment and biodiversity. This Instrument amends the List of Threatened Species by correcting and updating the scientific name of a listed species, Wollumbinia belli to Myuchelys belli, and is an amendment under the authority of the Minister for the Environment and Water. This change, which arises from taxonomic revisions and the correction of species names, is purely technical and does not alter the conservation status or protective measures applicable to the species in question. As such, this Instrument is a legislative instrument under the Legislation Act 2003 and comes into effect on the day after registration. The Minister has considered advice from the Threatened Species Scientific Committee and determined that further consultation was not necessary due to the technical nature of the amendment.

Key Provisions

The primary operative sections of the List of Threatened Species Amendment (362) Instrument 2023 (sections referenced in parentheses) involve the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, Section 4 outlines the changes to the List of Threatened Species, which are detailed in Schedule 1. This instrument updates the scientific name of the species Wollumbinia belli to Myuchelys belli, reflecting taxonomic revisions and formal publication of species descriptions. The changes are purely nomenclatural and do not alter the concept or description of the species itself (Section 4, Schedule 1, Item 1). Under the Act, the Minister for the Environment and Water is required to maintain a list of threatened species, which is categorised into different levels of threat (subsection 178(1)). The obligation imposed by the Act on the Minister, as facilitated through this instrument, is to ensure the list is accurate and up to date. This involves seeking advice from the Threatened Species Scientific Committee when considering amendments (subsection 189(1)). In this case, the Committee recommended the name change, and the Minister proceeded with the amendment based on this advice (subsection 184(d)). The Act also mandates that the Minister consult with relevant authorities, such as the Australian Biological Resources Study, when making amendments to the List (subsection 189(1)). In terms of offences and penalties, the Act itself does not specify penalties for incorrect listing of threatened species. However, breaches of the Act, such as failing to comply with conservation measures or engaging in activities that harm listed species, can result in significant civil or criminal penalties. For example, unauthorised actions that threaten listed species can incur substantial fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the breach, as outlined in other provisions of the Act. This instrument, being a technical amendment to the List, does not introduce new offences or penalties but ensures that the regulatory framework operates correctly by maintaining accurate species listings.