EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Acanthiza lineata whitei (298)) Instrument 2021
Background
The Environment Protection and Biodiversity Conservation Act 1999 (Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Subsection 178(1) of the Act provides that the Minister must, by legislative instrument, establish a list of threatened species (List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.
Paragraph 184(a) of the Act relevantly provides that the Minister may, by legislative instrument, amend the List referred to in section 178 by including items within the List in accordance with Subdivision AA.
The species being included in the List met the criteria for listing in the Vulnerable category under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) (see below).
Purpose of Instrument
The purpose of this Instrument is to amend the List by:
- Including Acanthiza lineata whitei in the Vulnerable category in the List.
This species is considered threatened by fire, climate change, habitat loss, degradation and modification, and invasive species.
Subsection 186(1) of the Act provides that the Minister must not include a native species on the List (whether as a result of a transfer or otherwise) in a particular category unless satisfied it is eligible to be included in that category.
Subsection 179(5) of the Act provides that a native species is eligible to be included in the Vulnerable category at a particular time if, at that time, it is not critically endangered or endangered and it is facing a high risk of extinction in the wild in the medium-term future, as determined in accordance with the prescribed criteria.
Regulation 7.01 of the Regulations provides that for section 179 of the Act, a native species is in the critically endangered, endangered or vulnerable category if it meets any of the five criteria for the category mentioned in the table to that provision.
The Minister was satisfied that the requisite criteria were met for including Acanthiza lineata whitei in the Vulnerable category in the List.
Consultation
The process for making amendments to the List to include or transfer an item is set out in Part 13, Division 1, Subdivision AA of the Act. Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act.
Notice of the proposed amendment and a consultation document was made available for public comment for a minimum of 30 business days as required by subsection 194M(3). Any public comments received that were relevant to the survival of the species were considered by the Threatened Species Scientific Committee (Committee) as part of the assessment process.
The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The Committee assessed Acanthiza lineata whitei as eligible for inclusion in the Vulnerable category in the List.
In making this Instrument, the Minister considered the Committee’s written assessment and the comments received during the consultation period in accordance with Part 13, Division 1, Subdivision AA of the Act.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after registration.
Authority: sections 178 and 184(a) of the Environment Protection and Biodiversity Conservation Act 1999.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011 List of Threatened Species Amendment
(Acanthiza lineata whitei (298)) Instrument 2021 This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Legislative Instrument The purpose of this Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species to: - Include Acanthiza lineata whitei in the Vulnerable category in the List
The species being included in the List met the criteria for listing in the relevant category under the Regulations Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms. Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues. The Hon Sussan Ley MP Minister for the Environment |
Overview
The List of Threatened Species Amendment (Acanthiza lineata whitei (298)) Instrument 2021 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to include the subspecies Acanthiza lineata whitei in the Vulnerable category of the list of threatened species. Enacted by the Australian Parliament, this Act aims to protect and conserve biodiversity, including threatened species, and to mitigate the risks these species face due to various factors such as habitat loss, climate change, and invasive species. The Instrument was developed in response to the identified threat levels to Acanthiza lineata whitei, ensuring it receives the necessary protections under the EPBC Act. Public consultation was conducted as part of the legislative process, with relevant submissions considered by the Threatened Species Scientific Committee, which recommended the inclusion of the species in the Vulnerable category. The Minister for the Environment, satisfied that the requisite criteria were met, issued this Instrument in accordance with the EPBC Act and associated regulations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Act) applies to all entities within the Commonwealth of Australia, providing for the protection of the environment and conservation of biodiversity, including threatened species. This Act mandates the establishment of a list of threatened species, categorising them based on their conservation status. The List of Threatened Species Amendment (Acanthiza lineata whitei (298)) Instrument 2021 amends this list by adding Acanthiza lineata whitei to the Vulnerable category, reflecting its elevated risk of extinction due to factors such as habitat loss, climate change, and invasive species. This amendment applies nationwide, reinforcing the commitment to biodiversity conservation across all states and territories. The Act's provisions can be further refined through subordinate instruments, ensuring that the legislative framework remains adaptable to emerging conservation needs. The exclusions and exemptions within the Act are minimal, focusing primarily on the conservation of listed species and their habitats, ensuring a broad application aimed at protecting vulnerable species like Acanthiza lineata whitei.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this Instrument include sections 178 and 184(a), which empower the Minister to establish and amend the list of threatened species. Section 178(1) mandates the creation of the list, categorising species into various threat levels such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend the list by adding species, contingent on meeting certain criteria. The Instrument specifically adds Acanthiza lineata whitei to the Vulnerable category, in accordance with these provisions. This amendment is based on the species facing a high risk of extinction in the wild due to factors such as fire, climate change, habitat loss, degradation, and invasive species.
The Act imposes several obligations and requirements on the parties governed by it. Under section 186(1), the Minister is mandated to include a native species on the threatened species list only if satisfied that the species meets the eligibility criteria for the particular category. Section 179(5) specifies that a species is eligible for inclusion in the Vulnerable category if it is not critically endangered or endangered but faces a high risk of extinction in the medium-term future, as determined by the criteria in the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister must ensure that these criteria are met and consider relevant public comments and assessments by the Threatened Species Scientific Committee before making any amendments.
The Act also outlines potential consequences for breaches of its provisions. While the Instrument itself does not specify penalties, the broader EPBC Act includes provisions for offences and penalties under sections such as 479 and 480, which pertain to the protection of listed species. Penalties for contravening these provisions can include substantial fines and, in severe cases, imprisonment. For example, under section 480, a person who intentionally or recklessly causes harm to a listed threatened species can be liable for a penalty that may reach up to $210,000 or three times the benefit obtained from the contravention, whichever is the greater, for a corporation. Additionally, civil penalties can be imposed for breaches, which may include compensation for harm caused to the environment or the species itself.
The Instrument’s process for amending the list of threatened species involves thorough consultation and assessment. The Minister must ensure that any proposed amendments are accompanied by a consultation document and a minimum 30-day period for public comment, as required by subsection 194M(3). The Threatened Species Scientific Committee plays a crucial role in this process by providing a written assessment of the species' eligibility for inclusion in the list. The Minister’s decision to amend the list must take into account this assessment and any relevant public comments, ensuring a transparent and evidence-based approach to conservation efforts.