EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Elaeocarpus miegei (302)) 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 Elaeocarpus miegei in the Endangered category in the List.
This species is considered threatened due to habitat fragmentation and degradation, inappropriate fire regimes, severe weather and invasive species.
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 Elaeocarpus miegei 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 Elaeocarpus miegei 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
(Elaeocarpus miegei (302)) 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 Elaeocarpus miegei 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. The Hon Sussan Ley MP Minister for the Environment |
Overview
The List of Threatened Species Amendment (Elaeocarpus miegei (302)) Instrument 2022 was enacted to address the problem of listing the endangered species Elaeocarpus miegei in the appropriate category of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). This legislation was introduced to provide enhanced protection for this species, which is under threat due to factors such as habitat fragmentation and degradation, inappropriate fire regimes, severe weather, and invasive species. The enactment of this instrument falls under the authority of the Minister for the Environment, who must ensure that any species included in the threatened species list meets the eligibility criteria for the respective category, as outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The policy objective of this instrument is to safeguard the survival of the endangered species by providing it with the necessary protection under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a comprehensive legislative framework for the protection and conservation of biodiversity, with a particular focus on threatened species. Under the authority of the Minister for the Environment, this Act facilitates the creation and management of a list of threatened species, divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (Elaeocarpus miegei (302)) Instrument 2022 specifically amends the list by adding Elaeocarpus miegei into the Endangered category. This legislative amendment is based on the species’ vulnerability to factors such as habitat fragmentation, degradation, inappropriate fire regimes, severe weather events, and invasive species. The inclusion of this species in the Endangered category was determined after thorough consultation with the Threatened Species Scientific Committee, which assessed the eligibility of the species according to the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The public was also afforded the opportunity to provide comments on the proposed amendment, which were duly considered before the final decision was made. The Instrument is applicable nationally, affecting all persons, entities, and industries within Australia that interact with or may impact the habitats of the listed species. There are no specific exclusions or exemptions outlined in this Instrument, and it does not extend or restrict its application through subordinate instruments.
Key Provisions
The primary operative sections of this Legislative Instrument involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (the Act) as detailed in the List of Threatened Species Amendment (Elaeocarpus miegei (302)) Instrument 2022. Specifically, Section 178 of the Act outlines the process for establishing a list of threatened species, which is categorised into Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) empowers the Minister to amend this list by legislative instrument, and Section 179(4) details the criteria for including species in the Endangered category. The purpose of this Instrument is to include Elaeocarpus miegei in the Endangered category of the list due to threats such as habitat fragmentation, inappropriate fire regimes, severe weather, and invasive species.
The Act imposes several obligations and requirements on parties and entities it governs. Firstly, Section 186(1) stipulates that the Minister must ensure that no native species is included on the List unless it meets the eligibility criteria for the specified category, in this case, Endangered. The Minister must be satisfied that the species meets the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. Additionally, Regulation 7.01 of these Regulations provides the criteria for a species to be classified as Endangered. The Threatened Species Scientific Committee is also involved in assessing the eligibility of species for inclusion in the list, as outlined in Part 13, Division 1, Subdivision AA of the Act. This process includes public consultation, where any relevant comments are considered in the final assessment.
The Instrument also outlines potential consequences for non-compliance. Although specific offences and penalties are not detailed in this Instrument, the Act generally provides for both civil and criminal penalties for breaches related to the protection of threatened species. For instance, Section 343 of the Act states that a person who contravenes a direction or requirement under the Act may be liable for a penalty of up to $222,200 for a corporation and $44,440 for an individual, depending on the severity and intent of the breach. Additionally, in more severe cases, criminal offences may apply, leading to potential imprisonment. The Act's enforcement mechanisms are designed to ensure compliance with the legislative provisions protecting threatened species, such as Elaeocarpus miegei.
In conclusion, the List of Threatened Species Amendment (Elaeocarpus miegei (302)) Instrument 2022 serves to amend the Environment Protection and Biodiversity Conservation Act 1999 by adding Elaeocarpus miegei to the Endangered category of the threatened species list. The Instrument adheres to the requirements set forth in the Act and Regulations, including criteria assessments by the Threatened Species Scientific Committee and public consultation. While specific penalties for non-compliance are not detailed in this particular Instrument, the overarching Act provides for both civil and criminal penalties, ensuring robust protection for threatened species and their habitats.