Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. The EPBC Act requires the Minister to establish a list of threatened species, which is updated through legislative instruments under the Act. The Environment Protection and Biodiversity Conservation Act 1999 List of Threatened Species Amendment (410) Instrument 2024 amends the List to include the species Aipysurus fuscus in the Endangered category. This amendment was made following an assessment by the Threatened Species Scientific Committee, which found that the species met the criteria for listing due to threats such as climate change, fossil fuel exploration, marine vessels, and a small, fragmented population. The amendment process involved public consultation, and the Instrument ensures compatibility with human rights as recognised under the Human Rights (Parliamentary Scrutiny) Act 2011. The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after its registration.

Scope and Application

The List of Threatened Species Amendment (410) Instrument 2024 amends the Environment Protection and Biodiversity Conservation Act 1999 by adding the species Aipysurus fuscus to the Endangered category under the Act's list of threatened species. This legislative instrument applies to the Minister for the Environment and Water, who is responsible for making amendments to the list of threatened species in accordance with the Act. The Instrument applies nationally, as it pertains to a Commonwealth Act and affects all jurisdictions within Australia. The inclusion of a species in the list is subject to specific criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, and the Minister must be satisfied that the species meets the eligibility criteria for the Endangered category. The process for amending the list involves extensive consultation with relevant scientific committees and the public, as stipulated in the Act. There are no exclusions or exemptions specified in this particular Instrument, but the scope of application can be extended or restricted through subordinate instruments as necessary. The Instrument is compatible with human rights and freedoms as recognised or declared under the Human Rights (Parliamentary Scrutiny) Act 2011, with no adverse implications on applicable rights or freedoms.

Key Provisions

The List of Threatened Species Amendment (410) Instrument 2024 (Instrument) primarily serves to amend the Environment Protection and Biodiversity Conservation Act 1999 (Act) by including a specific species, Aipysurus fuscus, within the Endangered category on the List of Threatened Species (Section 178). This action is grounded in the Act's mandate to protect and conserve biodiversity, specifically focusing on threatened species (Section 178(1)). The inclusion of Aipysurus fuscus in the Endangered category acknowledges the species' vulnerability due to various threats, including climate change, severe weather, fossil fuel exploration, and marine vessels, alongside its small and fragmented population (Schedule 1, Item 1). This amendment is made in accordance with the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations), ensuring that the species meets the eligibility requirements for the Endangered category, which include facing a very high risk of extinction in the wild in the near future (Regulation 7.01). Under the Act, the Minister for the Environment and Water is obligated to ensure that any inclusion of a native species on the List is based on a thorough assessment of its eligibility, considering the criteria for listing as outlined in the Regulations (Section 186(1), 179(4)). The process for amending the List, as mandated by the Act, involves consultation with relevant stakeholders and the Threatened Species Scientific Committee, which assesses the species' eligibility for inclusion based on scientific evidence and public consultation feedback (Part 13, Division 1, Subdivision AA). The Minister must also consider any relevant public comments received during the consultation period, ensuring that the decision to list the species is informed by a comprehensive evaluation of its conservation status (Section 194M(3)). The Instrument imposes specific obligations on parties and entities governed by the Act, particularly in relation to the protection of listed threatened species. By listing Aipysurus fuscus in the Endangered category, the Instrument mandates that measures be taken to protect the species from further decline and to mitigate the threats it faces. This includes compliance with any additional regulations or management plans that may be developed under the Act to address the specific needs of the listed species. Failure to comply with these obligations could result in legal consequences, including fines or other penalties as stipulated under the Act and any related regulations. The precise penalties for breaches are not detailed in the Instrument but would typically be aligned with the provisions of the Act, which may include substantial fines for individuals and corporations found in violation of its provisions. The Act itself does not specify the exact penalties for breaches directly within the Instrument but outlines a framework within which penalties can be imposed. For instance, under the Act, individuals and corporations can face significant financial penalties for activities that harm listed threatened species or their habitats. These penalties can vary depending on the severity of the breach and may include fines of up to AUD 5.5 million for corporations and AUD 1.1 million for individuals, as well as potential imprisonment terms. The enforcement of these penalties is overseen by the relevant authorities, ensuring that the Act's objectives of environmental protection and biodiversity conservation are upheld.