EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Egernia roomi (310)) 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 Critically 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 Egernia roomi (Kaputar Rock Skink) in the Critically Endangered category in the List.
This species is considered threatened by fire, climate change and habitat disturbance and degradation.
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(3) of the Act provides that a native species is eligible to be included in the Critically Endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate 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 Egernia roomi in the Critically 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 the Egernia roomi as eligible for inclusion in the List in the Critically 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 (Egernia roomi (310)) 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 Egernia roomi in the Critically Endangered 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 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. The Act requires the Minister to establish a list of threatened species, separated into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. This legislative framework ensures that species facing significant threats are identified and managed appropriately to mitigate extinction risks. The List of Threatened Species Amendment (Egernia roomi (310)) Instrument 2022 was introduced to address the need to include the Kaputar Rock Skink, or Egernia roomi, in the Critically Endangered category of the EPBC Act list of threatened species. This amendment was necessary as the species faces an extremely high risk of extinction due to threats such as fire, climate change, and habitat disturbance and degradation. The amendment process involved consultation with relevant stakeholders and consideration of expert assessments, ensuring that the inclusion of Egernia roomi in the Critically Endangered category aligns with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a critical framework for the protection of the environment and the conservation of biodiversity within Australia. This Act mandates the Minister for the Environment to maintain a list of threatened species, which is categorised into Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (Egernia roomi (310)) Instrument 2022, made under the authority of the EPBC Act, specifically targets the inclusion of the Kaputar Rock Skink (Egernia roomi) in the Critically Endangered category. This legislative instrument applies to the Minister for the Environment, who must satisfy specific criteria before including a species in the threatened list, ensuring that the decision aligns with the environmental protection objectives of the EPBC Act. The amendment process involves public consultation and scientific assessment, ensuring that the inclusion criteria are met based on the species' risk of extinction due to factors such as fire, climate change, and habitat disturbance. The geographic scope of this amendment is national, as the EPBC Act applies throughout Australia, ensuring consistent protection measures across all states and territories. The Act does not specify any exclusions or thresholds in this particular amendment, but generally allows for exemptions and thresholds to be defined through subordinate instruments or regulations.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 List of Threatened Species Amendment (Egernia roomi (310)) Instrument 2022 (the "Instrument") are section 178, which provides for the establishment of a list of threatened species, and section 184(a), which allows the Minister to amend the List by legislative instrument. The Instrument amends the List by including Egernia roomi (Kaputar Rock Skink) in the Critically Endangered category, as determined by the Threatened Species Scientific Committee, following a public consultation process (s. 194M(3)). The Minister was satisfied that Egernia roomi met the criteria for inclusion in the Critically Endangered category under the Environment Protection and Biodiversity Conservation Regulations 2000 (s. 179(3), Reg. 7.01).
The obligations imposed by this Instrument on parties or entities it governs include adhering to the regulations set forth in the Environment Protection and Biodiversity Conservation Act 1999, particularly concerning the protection of threatened species. This includes any actions that may impact Egernia roomi, such as land use, habitat alteration, or other activities that could exacerbate its critically endangered status. Compliance with these obligations is crucial to ensuring the conservation and protection of the species. Relevant stakeholders, such as landowners, developers, and industry operators, must take steps to avoid actions that could negatively impact the survival of Egernia roomi.
The Instrument does not specify any offences, penalties, or civil or criminal consequences for breach within the text of the explanatory statement. However, under the broader Environment Protection and Biodiversity Conservation Act 1999, there are significant penalties for actions that contravene the Act's provisions. For instance, unauthorised actions that result in the death, injury, or interference with a listed threatened species can attract hefty fines and, in some cases, imprisonment. The maximum penalties can reach up to $666,666 for corporations and $133,333 for individuals, along with potential imprisonment terms depending on the severity of the offence. Enforcement of these provisions ensures that parties comply with the Act's requirements to protect threatened species like Egernia roomi.