Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. This Act is administered by the Parliament of the Commonwealth of Australia and aims to ensure that the biodiversity within Australia is preserved and protected. The List of Threatened Species Amendment (369) Instrument 2023, made under the authority of the Minister for the Environment and Water, furthers the policy objective of the Act by amending the list of threatened species to include Choretrum spicatum subsp. spicatum in the Endangered category. This amendment was necessary due to the species facing a very high risk of extinction in the wild in the near future, as determined by the prescribed criteria under the Environment Protection and Biodiversity Conservation Regulations 2000. Public consultation was conducted in accordance with the Act, and the Threatened Species Scientific Committee assessed the species as eligible for inclusion in the Endangered category. The Minister considered the Committee's assessment and any relevant public comments in making this amendment, ensuring compatibility with human rights.

Scope and Application

The List of Threatened Species Amendment (369) Instrument 2023 is a legislative instrument made under section 184 of the Environment Protection and Biodiversity Conservation Act 1999, aimed at amending the list of threatened species by including Choretrum spicatum subsp. spicatum in the Endangered category. This instrument applies to the Minister for the Environment and Water, who is responsible for making amendments to the List of Threatened Species as per the requirements of the Act. The Minister must ensure that native species included in the List meet specific eligibility criteria, such as not being critically endangered and facing a very high risk of extinction in the wild in the near future. This legislative instrument has a national reach, as the Environment Protection and Biodiversity Conservation Act 1999 is a Commonwealth Act, thereby affecting entities and individuals across Australia involved in activities that may impact listed threatened species. The instrument does not specify any exclusions, exemptions, or thresholds, and it does not extend or restrict its application through subordinate instruments. The instrument requires public consultation, and any comments received are considered in the assessment process, as mandated by the Act. The Instrument is compatible with human rights and freedoms as recognised or declared under the Human Rights (Parliamentary Scrutiny) Act 2011, and it does not engage any of the applicable rights or freedoms.

Key Provisions

The List of Threatened Species Amendment (369) Instrument 2023 amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding Choretrum spicatum subsp. spicatum to the list of threatened species in the Endangered category (Section 1, Schedule 1). This inclusion is based on the species meeting specific criteria for listing under the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister for the Environment and Water was satisfied that Choretrum spicatum subsp. spicatum is facing a very high risk of extinction in the wild in the near future, as determined by the Threatened Species Scientific Committee, making it eligible for the Endangered category (Section 179(4), Subsection 186(1), Regulation 7.01). This legislative instrument requires consultation processes as outlined in Part 13, Division 1, Subdivision AA of the Act, ensuring public input and expert assessment before any amendments are made. The Act imposes several obligations on the parties and entities it governs, particularly concerning the protection and conservation of threatened species. The Minister must not include a native species on the List unless they are satisfied that the species meets the eligibility criteria for the specified category (Subsection 186(1)). Additionally, the Act requires the Threatened Species Scientific Committee to assess the eligibility of species for inclusion in the List, providing a written assessment and recommendations to the Minister (Part 13, Division 1, Subdivision AA). Entities and individuals must also comply with the regulations and prohibitions concerning threatened species, ensuring that activities do not harm or endanger listed species. Breaches of the Act and associated regulations can result in both civil and criminal consequences. For example, unauthorised actions that harm a listed species can lead to significant penalties. Under the Act, penalties for contravening provisions related to threatened species can include substantial fines. For corporations, the maximum penalty can be up to AUD 210,000 for each offence, while individuals may face fines up to AUD 33,000 (Section 509). Additionally, imprisonment terms may apply, with the severity of the penalty depending on the nature and extent of the offence. These provisions underscore the importance of compliance with the Act to protect threatened species and maintain biodiversity. The compatibility of this legislative instrument with human rights is affirmed in Attachment B, which states that the instrument does not engage any of the applicable rights or freedoms as recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The conclusion drawn is that the instrument is compatible with human rights as it does not raise any human rights issues. This statement ensures that the amendments to the list of threatened species do not conflict with the protection of human rights and freedoms, maintaining a balance between environmental protection and human rights considerations.