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 rivularis (274)) 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(c) of the Act relevantly provides that the Minister may, by legislative instrument, amend the List referred to in section 178 by transferring items within the List in accordance with Subdivision AA.
The species being transferred from the Endangered category to the Critically Endangered category in the List met the criteria for listing in the Critically Endangered category under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) (see below).
Purpose of Instrument
The purpose of this instrument is to amend the List by:
- Transferring Grevillea rivularis (Carrington Falls Grevillea) by deleting it from the Endangered category in the List and including it in the Critically Endangered category within the List.
This species is considered threatened due to habitat disturbance, adverse fire and flood regimes, weeds and introduced herbivores, drought, and climate change.
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 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 were met for the Carrington Falls Grevillea to be transferred to 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). 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 transferring within the List. The Committee assessed the Grevillea rivularis as eligible for transfer from the Endangered category to 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 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(c) 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 rivularis (274)) 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: - Transfer Grevillea rivularis from the Endangered category to the Critically Endangered category in the List
The species being transferred within 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 Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a comprehensive framework designed to protect the environment and conserve biodiversity, including the protection of threatened species. The Act empowers the Minister to establish and amend a list of threatened species, categorising them into various risk levels such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (Grevillea rivularis (274)) Instrument 2021, enacted by the Australian Government, aims to address the need for updating the status of certain species by transferring Grevillea rivularis, also known as the Carrington Falls Grevillea, from the Endangered category to the Critically Endangered category. This change was made to reflect the species' heightened risk of extinction due to factors such as habitat disturbance, adverse fire and flood regimes, weeds, introduced herbivores, drought, and climate change. The decision to amend the list was made after thorough consultation with the Threatened Species Scientific Committee and public feedback, ensuring that the transfer 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 governs the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. This Act applies to individuals, entities, and industries engaged in activities that may affect the environment or biodiversity, particularly in relation to threatened species. The geographic reach of the Act extends nationally, covering the entire Commonwealth of Australia. The Act's provisions are enforced through subordinate instruments, which include regulations and legislative instruments such as the List of Threatened Species Amendment (Grevillea rivularis (274)) Instrument 2021. This instrument amends the list of threatened species by transferring Grevillea rivularis from the Endangered category to the Critically Endangered category based on specific criteria. The Act does not specify exclusions or exemptions but requires the Minister to ensure that any species listed meets the eligibility criteria as determined by the Threatened Species Scientific Committee. Public consultation is a mandatory part of the amendment process, ensuring that the decision to list or transfer species within the List is well-considered and informed by expert and public input.
Key Provisions
The main operative sections of this legislation are sections 178 and 184(c) of the Environment Protection and Biodiversity Conservation Act 1999, which provide the authority for the Minister to establish and amend the list of threatened species. Section 178(1) requires the Minister to establish a list of threatened species, while section 184(c) allows the Minister to amend this list by transferring species between categories. In this case, the legislation amends the list by transferring Grevillea rivularis from the Endangered category to the Critically Endangered category (subsection 184(c)). This transfer is justified under section 179(3) of the Act, which specifies the criteria for a species to be included in the Critically Endangered category, such as facing an extremely high risk of extinction in the wild in the immediate future.
The Act imposes specific obligations and requirements on the Minister for the Environment and the Threatened Species Scientific Committee. The Minister must not include a native species on the List unless satisfied it is eligible to be included in the relevant category (subsection 186(1)). This eligibility is determined in accordance with the prescribed criteria in the Environment Protection and Biodiversity Conservation Regulations 2000. The Committee plays a critical role in this process by preparing a written assessment of the species' eligibility for transfer. Any public comments received during the consultation period must be considered by the Committee as part of the assessment process. The Minister must also consider the Committee's assessment and public comments before making the amendment.
Breaching the provisions of the Environment Protection and Biodiversity Conservation Act 1999 can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, the Act generally provides for significant penalties for offences related to the protection of threatened species. These can include substantial fines and, in some cases, imprisonment. The severity of the penalties reflects the importance of protecting biodiversity and the potential harm caused by non-compliance with the Act. The Act's regulatory framework aims to ensure that species like Grevillea rivularis receive the necessary protection to prevent their extinction.