EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Austrocordulia leonardi (309)) Instrument 2022
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 Endangered category under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations).
Purpose of Instrument
The purpose of this Instrument is to amend the List by:
- Including Austrocordulia leonardi in the Endangered category in the List.
This species is considered threatened by habitat loss through modification of streams and dams, and declining rainfall.
Subsection 186(1) of the Act provides that the Minister must not include (whether as a result of a transfer or otherwise) a native species on the List in a particular category unless satisfied that the native species is eligible to be included in that category.
Subsection 179(4) of the Act provides that a native species is eligible to be included in the Endangered category at a particular time if, at that time, it is not critically endangered and it is facing a very high risk of extinction in the wild in the near 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 Austrocordulia leonardi in the Endangered 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) of the Act. 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 Austrocordulia leonardi as eligible for inclusion in the Endangered category in the List.
In making this Instrument, the Minister considered the Committee’s written assessment and any 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
(Austrocordulia leonardi (309)) Instrument 2022 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 Austrocordulia leonardi in the Endangered category in the List.
The species being included in the List met the criteria for listing in the relevant category under the EPBC 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. Minister for the Environment |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. This legislation provides a framework for the creation and management of a list of threatened species, which is categorised into Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act empowers the Minister to amend the list of threatened species by including or transferring species based on eligibility criteria prescribed in the Environment Protection and Biodiversity Conservation Regulations 2000. The List of Threatened Species Amendment (Austrocordulia leonardi (309)) Instrument 2022, made under the authority of the Minister for the Environment, addresses the need to include Austrocordulia leonardi in the Endangered category due to threats such as habitat loss from stream modification and declining rainfall. The policy objective is to ensure that species facing a very high risk of extinction in the wild in the near future are recognised and afforded protection under the EPBC Act. The Minister considered the assessment by the Threatened Species Scientific Committee and public consultations in making this amendment.
Scope and Application
The List of Threatened Species Amendment (Austrocordulia leonardi (309)) Instrument 2022 amends the Environment Protection and Biodiversity Conservation Act 1999 by adding Austrocordulia leonardi to the list of threatened species in the Endangered category. This Act applies to any person or entity engaging in activities that may impact listed threatened species, including individuals, corporations, and government bodies. The amendment extends across Australia, reinforcing the Commonwealth's responsibility to protect biodiversity and endangered species regardless of state or territory boundaries. There are no stated exclusions or exemptions in this specific Instrument, though broader exemptions may exist under the overarching Act. The application of the Act can be further detailed through subordinate instruments, which may provide additional regulations or guidelines to ensure compliance and protection of listed species.
Key Provisions
The key operative sections of this legislative instrument are sections 178 and 184(a) of the Environment Protection and Biodiversity Conservation Act 1999 (Act). Section 178 mandates that the Minister must establish a list of threatened species (List) separated into categories 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 including items, such as Austrocordulia leonardi, in accordance with the provisions of Subdivision AA. The instrument specifically directs the inclusion of Austrocordulia leonardi in the Endangered category of the List.
The Act imposes several obligations and requirements on the parties or entities it governs. The Minister for the Environment is required to ensure that any native species listed as threatened meets the eligibility criteria for the category in which it is placed. For example, under section 186(1) of the Act, the Minister must not include a native species in the List unless satisfied that the species meets the criteria for that particular category. Additionally, the Minister must follow the consultation processes outlined in the Act, including providing notice of proposed amendments and allowing for public comment as stipulated in subsection 194M(3). The Threatened Species Scientific Committee also plays a role by preparing a written assessment of the eligibility of species for inclusion in the List.
Breaches of the Act or non-compliance with the legislative instrument can lead to various penalties and consequences. While the specific penalties are not detailed in the explanatory statement, breaches under the Act generally involve civil or criminal penalties. The Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) prescribe these penalties, which can include fines and imprisonment. For instance, offences involving the harming or killing of listed threatened species can attract significant fines and, in severe cases, imprisonment. The specific penalties would depend on the nature and extent of the breach.
In summary, this legislative instrument amends the List under the Act by including Austrocordulia leonardi in the Endangered category, in line with the eligibility criteria and consultation requirements set forth in the Act. The obligations imposed on the Minister include ensuring the criteria are met and following due consultation processes. Non-compliance with the Act's provisions can result in civil or criminal penalties, although the exact penalties are not specified in the explanatory statement.