EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Water)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Calyptorhynchus lathami lathami (314)) 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 Vulnerable 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 Calyptorhynchus lathami lathami in the Vulnerable category in the List.
This species is considered threatened by habitat loss, fragmentation and degradation, fire, climate change, competition for resources, disease, predation and illegal collection.
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(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 Calyptorhynchus lathami lathami 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 Calyptorhynchus lathami lathami as eligible for inclusion in the List 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
(Calyptorhynchus lathami lathami (314)) 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 Calyptorhynchus lathami lathami 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 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. The Hon Tanya Plibersek MP Minister for the Environment and Water |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a cornerstone for the protection and conservation of biodiversity in Australia, including the management of threatened species. To address the ongoing challenges faced by various species, including habitat loss and climate change, the EPBC Act allows the Minister for the Environment and Water to amend the list of threatened species. The List of Threatened Species Amendment (Calyptorhynchus lathami lathami (314)) Instrument 2022 was introduced to specifically include Calyptorhynchus lathami lathami, also known as the Red-tailed Black Cockatoo, in the Vulnerable category of the threatened species list. This amendment was enacted to safeguard the species from further decline due to various threats such as habitat degradation and illegal collection. The decision to amend the list was made following consultation with relevant stakeholders and an assessment by the Threatened Species Scientific Committee, ensuring that the criteria for vulnerability were met and that the necessary protections would be provided.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that aims to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. The Act requires the Minister to establish a list of threatened species, separated into various categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (Calyptorhynchus lathami lathami (314)) Instrument 2022 amends the List by including the species Calyptorhynchus lathami lathami in the Vulnerable category. This amendment is made under the authority of the Minister for the Environment and Water, who was satisfied that the species met the criteria for inclusion in the Vulnerable category based on the risk of extinction in the wild in the medium-term future, as determined by the Threatened Species Scientific Committee. The Instrument applies to the Commonwealth and is subject to the consultation processes outlined in Part 13, Division 1, Subdivision AA of the EPBC Act. This Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after registration.
Key Provisions
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. Section 178(1) of the Act mandates the establishment of a list of threatened species (List) categorised as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent. The purpose of the List of Threatened Species Amendment (Calyptorhynchus lathami lathami (314)) Instrument 2022 (Instrument) is to amend the List by including Calyptorhynchus lathami lathami in the Vulnerable category. This species is threatened by various factors such as habitat loss, fragmentation and degradation, fire, climate change, competition for resources, disease, predation and illegal collection.
The Act imposes certain obligations and requirements on the parties or entities it governs. For instance, subsection 186(1) of the Act requires the Minister to ensure that a native species is not included on the List in a particular category unless satisfied that the species is eligible to be included in that category. Subsection 179(5) further provides that a native species is eligible to be included in the Vulnerable category if it is not critically endangered or endangered and is facing a high risk of extinction in the wild in the medium-term future, as determined in accordance with the prescribed criteria. The Minister was satisfied that Calyptorhynchus lathami lathami met the requisite criteria for inclusion in the Vulnerable category.
The Instrument also outlines the consequences for breach of the Act. Under the Act, any person who contravenes the provisions of the Act or the Regulations may be liable to a penalty. For instance, the Act provides for a maximum penalty of $222,000 for individuals and $1,110,000 for bodies corporate for offences relating to the protection of threatened species. Additionally, the Act provides for civil penalty provisions, which allow for the imposition of penalties for breaches of the Act or the Regulations. The penalties for civil breaches can range from $22,200 for individuals and $111,000 for bodies corporate for minor offences to much higher penalties for serious offences.
In summary, the List of Threatened Species Amendment (Calyptorhynchus lathami lathami (314)) Instrument 2022 amends the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species to include Calyptorhynchus lathami lathami in the Vulnerable category. The Instrument imposes obligations and requirements on the parties or entities it governs and outlines the consequences for breach of the Act, including penalties for contraventions and civil penalties for breaches of the Act or the Regulations. The Instrument is compatible with human rights as it does not raise any human rights issues.