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. This legislation was introduced to address the gap in comprehensive protection for threatened species across Australia, ensuring that the federal government has the authority to manage and conserve species at risk. The Act was passed by the Australian Parliament, reflecting the national commitment to environmental stewardship and biodiversity conservation. The policy objective of the Act is to establish a framework for the protection of threatened species, including the creation of a list of threatened species and mechanisms for their conservation. The List of Threatened Species Amendment (Callocephalon fimbriatum (301)) Instrument 2022 aims to amend the Environment Protection and Biodiversity Conservation Act 1999 by adding Callocephalon fimbriatum, commonly known as the Gang-gang Cockatoo, to the Endangered category on the list of threatened species. This amendment responds to the severe population decline of the species, which faces threats from habitat loss, fragmentation, degradation, wildfire, climate change, and competition for nesting hollows. The Minister for the Environment, having satisfied the criteria outlined in the Act and considered the advice of the Threatened Species Scientific Committee, made the legislative instrument to include the species in the Endangered category. This process included public consultation, ensuring that community input was considered in the decision-making process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to all persons and entities within Australia, as well as to activities that may impact on matters of national environmental significance, including threatened species. The Act establishes the legal framework for the protection and conservation of biodiversity, and mandates the creation and maintenance of a list of threatened species, divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act extends to the regulation of activities that may affect listed threatened species, whether through direct impact or by threatening their habitat. The List of Threatened Species Amendment (Callocephalon fimbriatum (301)) Instrument 2022 amends the EPBC Act's List by including the species Callocephalon fimbriatum in the Endangered category, reflecting its significant decline due to various threats such as habitat loss, fragmentation, degradation, wildfire, climate change, and competition for nesting hollows. This amendment is in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 and follows a process of consultation and assessment by the Threatened Species Scientific Committee. The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and is compatible with human rights, having undergone scrutiny under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of this legislative instrument (F2022L00219) are found in the Environment Protection and Biodiversity Conservation Act 1999 (Act), specifically sections 178 and 184(a). Section 178(1) mandates the Minister to establish a list of threatened species, which is divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) empowers the Minister to amend the list by including species within these categories via legislative instruments. This particular instrument focuses on including Callocephalon fimbriatum, commonly known as the Gang-gang Cockatoo, in the Endangered category of the list. The Act imposes several obligations and requirements on the parties and entities it governs. The Minister must not include a native species on the threatened species list unless they are satisfied, following consultation and assessment, that the species meets the eligibility criteria for the category in which it is to be listed. For inclusion in the Endangered category, the species must not be critically endangered and must face a very high risk of extinction in the wild in the near future, as per the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. In this case, the Minister was satisfied that Callocephalon fimbriatum met these criteria based on evidence of severe population decline and threats from habitat loss, fragmentation, degradation, wildfire, climate change, and competition for nesting hollows. In terms of consequences for breaches, the Act does not specify civil or criminal penalties for failing to comply with the listing requirements. However, unauthorised actions that harm listed threatened species can attract penalties. For instance, under section 487 of the Act, a person who commits an action that constitutes a threatening process for a listed threatened species can be subject to a penalty. The maximum penalty for an individual is generally AUD 504,000 or imprisonment for up to three years, or both, whereas the penalty for a body corporate can be up to AUD 2.52 million or both, depending on the severity and intent of the offence. These provisions underscore the importance of adhering to the Act's requirements for the protection and conservation of threatened species.