Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act establishes a list of threatened species separated into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act allows the Minister to amend this list by including items in accordance with the prescribed criteria. The List of Threatened Species Amendment (Boronia inflexa subsp. torringtonensis (282)) Instrument 2021 was introduced to amend the List by including Boronia inflexa subsp. torringtonensis in the Critically Endangered category. The Minister was satisfied that this species met the criteria for inclusion in this category, which includes facing an extremely high risk of extinction in the wild in the immediate future due to threats such as grazing by feral goats, inappropriate fire regimes, mining, human disturbance, changes in climate, and drought. This legislative instrument was made by the Minister for the Environment and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to individuals, entities, and industries across Australia, with a particular focus on protecting and conserving biodiversity, including threatened species. This Act empowers the Minister to establish and amend the list of threatened species through legislative instruments, ensuring that native species facing significant risks to their survival are afforded legal protection. The inclusion of Boronia inflexa subsp. torringtonensis in the Critically Endangered category under this Act is a direct result of legislative amendments that reflect its endangered status due to various threats such as feral goat grazing, inappropriate fire regimes, mining, human disturbance, and climatic changes. This Act's jurisdiction is national, covering all areas within Australia, and it operates under the criteria set forth in the Environment Protection and Biodiversity Conservation Regulations 2000. The legislative instrument in question specifies that Boronia inflexa subsp. torringtonensis qualifies for inclusion based on its extremely high risk of extinction in the wild, as determined by the Threatened Species Scientific Committee. This amendment process involves public consultation as mandated by the Act, ensuring transparency and community involvement in decisions affecting threatened species.

Key Provisions

The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that are relevant to this legislation are sections 178 and 184(a). Section 178 mandates the Minister to establish a list of threatened species, categorising them into various statuses such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend this list by including new items, in line with the provisions of Subdivision AA of the Act. This particular legislation implements these powers by amending the list to include Boronia inflexa subsp. torringtonensis in the Critically Endangered category. The Act imposes several obligations on the parties or entities it governs. Firstly, the Minister must ensure that a species is eligible to be included in a specific category before it can be listed, as stipulated in section 186(1). Eligibility is determined based on whether the species faces an extremely high risk of extinction in the wild in the immediate future, in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations). Furthermore, section 179(3) of the Act specifies that a native species is eligible for inclusion in the Critically Endangered category if it meets the prescribed criteria outlined in Regulation 7.01 of the Regulations. Additionally, the process for making amendments to the List, as outlined in Part 13, Division 1, Subdivision AA of the Act, requires public consultation for a minimum of 30 business days. This ensures transparency and allows for public input on proposed changes to the List. Breaching the provisions of the EPBC Act can result in various civil and criminal consequences. For instance, section 486 of the Act stipulates that any person who contravenes an offence provision can be liable for a penalty. The maximum penalties vary depending on the nature and seriousness of the offence, with potential fines reaching up to $222,200 for individuals and significantly higher amounts for corporations. In addition to financial penalties, section 487 of the Act allows for the imposition of imprisonment terms, with maximum penalties varying according to the severity of the offence. These provisions serve as a deterrent against non-compliance and underscore the importance of adhering to the Act's requirements for the protection and conservation of threatened species. In summary, the Environment Protection and Biodiversity Conservation Act 1999 List of Threatened Species Amendment (Boronia inflexa subsp. torringtonensis (282)) Instrument 2021 amends the List to include Boronia inflexa subsp. torringtonensis in the Critically Endangered category. The Act imposes obligations on the Minister to ensure the eligibility of species for listing and mandates public consultation for proposed amendments. Breaches of the Act can result in civil and criminal penalties, including fines and imprisonment, depending on the nature and seriousness of the offence. This legislation is compatible with human rights as it does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.