EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Grevillea hodgei (271)) Instrument 2021
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 Grevillea hodgei (Coochin Hills Grevillea) in the Critically Endangered category in the List.
This species is considered threatened due to land clearing, urbanisation, inappropriate fire regimes, climate change, and genetic and demographic effects of its small population size.
Subsection 186(1) of the Act provides that the Minister must not include a native species on the List (whether as a result of a transfer or otherwise) in a particular category unless satisfied it 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 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 were met for the species to be included on the Critically Endangered category on 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 Grevillea hodgei as eligible for inclusion in the Critically Endangered 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 EPBC 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 (Grevillea hodgei (271)) Instrument 2021 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 Grevillea hodgei 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 MP Minister for the Environment |
Overview
The List of Threatened Species Amendment (Grevillea hodgei (271)) Instrument 2021 was enacted to address the need for the inclusion of Grevillea hodgei, also known as Coochin Hills Grevillea, in the Critically Endangered category of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Act, established in 1999, provides for the protection and conservation of biodiversity, including threatened species. The instrument was introduced to address the significant threats faced by Grevillea hodgei, such as land clearing, urbanisation, inappropriate fire regimes, climate change, and genetic and demographic effects due to its small population size. This amendment was made by the Minister for the Environment in accordance with the provisions of the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The policy objective is to ensure the protection and conservation of critically endangered species by including them in the relevant category on the threatened species list.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment and the conservation of biodiversity, including the protection of threatened species. This Act is administered by the Commonwealth of Australia and applies to all native species and ecological communities within Australia’s jurisdiction. The Act facilitates the creation and management of a list of threatened species, managed by the Minister for the Environment, who must be satisfied that the species meets specific eligibility criteria to be included on the list. The Minister’s decision must be in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000. This legislative instrument amends the list of threatened species by including Grevillea hodgei in the Critically Endangered category, following consultation and assessment processes mandated by the Act. The instrument does not explicitly mention any exclusions, exemptions, or thresholds, but it does note that the process for including species in the list involves rigorous assessment by the Threatened Species Scientific Committee and public consultation. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this legislative instrument include sections 178 and 184(a). Section 178 requires the Minister to establish a list of threatened species, divided into categories 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 species in accordance with Subdivision AA of the Act. This instrument specifically amends the list to include Grevillea hodgei in the Critically Endangered category, following the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000.
The obligations imposed on parties and entities by this legislation are primarily concerned with the protection and conservation of threatened species. Section 186(1) mandates that the Minister must not include a native species on the List unless satisfied that it meets the eligibility criteria for that category. Section 179(3) outlines that a species is eligible for the Critically Endangered category if it faces an extremely high risk of extinction in the wild in the immediate future, as determined by specific criteria. Additionally, Regulation 7.01 of the Regulations provides the criteria that must be met for a species to be classified as Critically Endangered. These provisions ensure that only species that truly meet the criteria for the Critically Endangered category are listed.
There are no direct offences, penalties, or civil/criminal consequences specified in this instrument for breach of the provisions related to listing a species as Critically Endangered. However, the Act itself contains broader provisions that may apply to breaches of its requirements. For example, Section 487 of the EPBC Act imposes criminal penalties for actions that adversely affect listed threatened species, including fines of up to $210,000 for individuals and $1.05 million for corporations, as well as imprisonment for up to five years. Furthermore, Section 488 imposes civil penalties for similar offences, with penalties up to $63,000 for individuals and $315,000 for corporations. These broader provisions serve to enforce the Act's objectives of protecting and conserving threatened species, including those listed as Critically Endangered.