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 scortechinii subsp. scortechinii (273)) 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 to another category within the List met the criteria for listing in the Critically Endangered category under the Environment Protection and Biodiversity Regulations 2000 (Regulations).
Purpose of Instrument
The purpose of this Instrument is to amend the List by:
- Transferring Grevillea scortechinii subsp. scortechinii by deleting it from the Vulnerable category in the List and including it in the Critically Endangered category within the List.
This species is considered threatened due to habitat destruction and modification, increased density of forest habitats, weed invasion, disease, and stochastic effects.
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 was met for Grevillea scortechinii subsp. scortechinii being transferred from the Vulnerable category 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 transfer within the List. The Committee assessed the Grevillea scortechinii subsp. scortechinii as eligible for transfer from the Vulnerable 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 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(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 scortechinii subsp. Scortechinii (273)) 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 scortechinii subsp. scortechinii from the Vulnerable 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 List of Threatened Species Amendment (Grevillea scortechinii subsp. scortechinii (273)) Instrument 2021 was enacted to address the need to update the classification of Grevillea scortechinii subsp. scortechinii within the Environment Protection and Biodiversity Conservation Act 1999. The Act, enacted in 1999, provides a framework for the protection of the environment and biodiversity, including the listing and conservation of threatened species. The Instrument was introduced by the Minister for the Environment, pursuant to sections 178 and 184(c) of the Act, with the primary objective of amending the List of Threatened Species to reflect the species' current conservation status. The policy objective is to ensure that species facing an extremely high risk of extinction in the wild are appropriately categorised and managed under the Act. This amendment was made following a thorough assessment by the Threatened Species Scientific Committee and after a public consultation period in accordance with the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and conservation of biodiversity in Australia, including the protection and conservation of threatened species. This Act applies to individuals, entities, industries, conduct, and transactions that may impact the environment or biodiversity. The Act has national jurisdiction, extending across all states and territories of Australia. The Act's scope is further refined and extended through subordinate instruments, such as regulations and legislative instruments, which provide detailed provisions and mechanisms for implementing the Act's objectives. In this specific case, the List of Threatened Species Amendment (Grevillea scortechinii subsp. scortechinii (273)) Instrument 2021 amends the list of threatened species under the EPBC Act by transferring Grevillea scortechinii subsp. scortechinii from the Vulnerable category to the Critically Endangered category. This change reflects the species' heightened risk of extinction due to factors such as habitat destruction and weed invasion. The Instrument does not introduce any exclusions or exemptions and is consistent with the human rights obligations under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection and conservation of biodiversity, including threatened species. Section 178 of the Act mandates the Minister to establish a list of threatened species, which includes categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(c) allows the Minister to amend this list by transferring species between categories through legislative instruments. Specifically, the List of Threatened Species Amendment (Grevillea scortechinii subsp. scortechinii (273)) Instrument 2021 (the Instrument) transfers Grevillea scortechinii subsp. scortechinii from the Vulnerable category to the Critically Endangered category. This decision was made due to the species facing an extremely high risk of extinction in the wild due to factors such as habitat destruction and modification, increased forest density, weed invasion, disease, and stochastic effects.
The Act imposes several obligations on the parties and entities it governs. Firstly, the Minister must not include a native species on the List unless satisfied that it is eligible to be included in the particular category. Subsection 186(1) of the Act underpins this requirement, ensuring that the Minister's decision is based on thorough assessment. Furthermore, Subsection 179(3) specifies that a native species is eligible to be included in the Critically Endangered category if it is facing an extremely high risk of extinction in the wild in the immediate future. This eligibility is determined in accordance with the criteria set out in the Environment Protection and Biodiversity Regulations 2000. Regulation 7.01 of the Regulations outlines the criteria that must be met for a species to be classified under any of the threatened categories.
The Act also outlines consequences for breaches of its provisions. While the explanatory statement does not explicitly state penalties for breaches related to the listing or transfer of species, breaches of the EPBC Act in general can result in both civil and criminal penalties. For example, individuals or corporations may face fines of up to $720,000 for serious and repeated breaches, or imprisonment for up to five years for wilful breaches. Additionally, the Act allows for the imposition of administrative penalties such as infringement notices, which can incur fines of up to $7,200 for individuals and $36,000 for corporations. The severity of the penalty often depends on the nature and seriousness of the offence, as well as any previous convictions.
In summary, the Environment Protection and Biodiversity Conservation Act 1999, through its various sections and regulations, provides a comprehensive framework for the protection and conservation of biodiversity, including the listing and transfer of threatened species. The List of Threatened Species Amendment (Grevillea scortechinii subsp. scortechinii (273)) Instrument 2021 is a legislative tool that facilitates the reclassification of species based on rigorous criteria and public consultation. The Act imposes clear obligations on the Minister and others to ensure that decisions regarding the listing and transfer of species are well-founded and justifiable. Furthermore, the Act provides for significant penalties to deter breaches and to ensure compliance with its provisions.