EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Anthochaera chrysoptera halmaturina (295)) 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 Anthochaera chrysoptera halmaturina 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 was met for including Anthochaera chrysoptera halmaturina 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 Anthochaera chrysoptera halmaturina 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 (Anthochaera chrysoptera halmaturina (295)) 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 Anthochaera chrysoptera halmaturina 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 Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This Act was introduced to address the need for a comprehensive framework to safeguard Australia’s environmental heritage and biodiversity. The Commonwealth Parliament enacted the EPBC Act to ensure that the national interest in environmental protection is adequately considered in decision-making processes. The policy objective of the Act is to protect and conserve threatened species, ecosystems, and heritage places, ensuring their survival and enabling their recovery. The List of Threatened Species Amendment (Anthochaera chrysoptera halmaturina (295)) Instrument 2021 amends the EPBC Act by including the subspecies Anthochaera chrysoptera halmaturina in the Vulnerable category on the List of Threatened Species. This amendment aims to address the threats faced by this species, such as fire, climate change, habitat loss, degradation, and invasive species. The Minister for the Environment, in making this amendment, considered the assessment by the Threatened Species Scientific Committee and public consultation feedback, ensuring compliance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000.
Scope and Application
The List of Threatened Species Amendment (Anthochaera chrysoptera halmaturina (295)) Instrument 2021 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to include Anthochaera chrysoptera halmaturina in the vulnerable category of the List of Threatened Species. This Act applies to all individuals, corporations, and entities within Australia, and its provisions are applicable across the Commonwealth, ensuring a national standard for the protection and conservation of biodiversity, including threatened species. The inclusion of this species in the vulnerable category is in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000, which set the criteria for categorisation. The instrument was developed following consultations as required by the EPBC Act and was assessed by the Threatened Species Scientific Committee to ensure the species met the eligibility criteria for inclusion. There are no exclusions, exemptions, or thresholds specified within the instrument itself, although the Act may extend or restrict application through subordinate instruments or regulations. This legislative instrument is compatible with human rights, having been reviewed under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) plays a pivotal role in protecting and conserving Australia's biodiversity, including the listing and protection of threatened species. Section 178(1) of the Act mandates the establishment of a list of threatened species, separated into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) further empowers the Minister to amend this list by including items through a legislative instrument, ensuring the list remains current and reflective of the conservation status of various species. The List of Threatened Species Amendment (Anthochaera chrysoptera halmaturina (295)) Instrument 2021 (the Instrument) amends the EPBC Act by including Anthochaera chrysoptera halmaturina, also known as the Southern Yellow-tailed Black Cockatoo, in the Vulnerable category of the List (section 2).
Entities and individuals subject to the EPBC Act, including those involved in activities that might impact listed threatened species, must comply with the requirements set forth in the Act and its Regulations. This includes adhering to the specific provisions for listed species, such as ensuring that any activities do not threaten the survival of the species, and obtaining any necessary approvals or permits from the Minister. The Act imposes duties on the Minister to ensure that species listed in the Vulnerable category, like Anthochaera chrysoptera halmaturina, receive appropriate protection and conservation measures. Additionally, the Instrument requires consultation with relevant scientific committees and the public during the process of amending the List, as outlined in Part 13, Division 1, Subdivision AA of the Act (section 3).
Breaches of the EPBC Act and its Regulations can result in both civil and criminal consequences. Under section 476 of the Act, an individual or entity that contravenes the Act or its Regulations may be liable for a penalty. For corporations, the maximum penalty can be up to $66,600 for a single offence and higher for repeated or serious breaches. For natural persons, the maximum penalty can be up to $13,300. Additionally, section 483 of the Act provides for civil penalties for environmental offences, which can be significant, depending on the severity of the breach. These penalties serve as deterrents to ensure compliance with the Act’s provisions and the protection of threatened species, such as Anthochaera chrysoptera halmaturina, which is facing threats from fire, climate change, habitat loss, and invasive species.