EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Homoranthus bruhlii (269)) 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 Homoranthus bruhlii in the Critically Endangered category in the List.
This species is considered threatened because it is only known from a single population with an extremely low 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.
The Minister was satisfied the species being included in the List in the Critically Endangered category on the List met the requisite 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 including the species 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). 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 Homoranthus bruhlii 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 Act.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after registration.
Authority: section 178 and paragraph 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 (Homoranthus bruhlii (269)) 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 Homoranthus bruhlii 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 Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act was introduced to address the need for a unified approach to environmental protection, ensuring that critical species and ecosystems are safeguarded against threats that could lead to their decline or extinction. The Act vests the Minister for the Environment with the authority to establish and amend the list of threatened species through legislative instruments. The policy objective of the Act is to prevent biodiversity loss by providing mechanisms for the identification, listing, and protection of species and ecological communities at risk.
The List of Threatened Species Amendment (Homoranthus bruhlii (269)) Instrument 2021 was introduced to address a specific gap in the protection of threatened species by including Homoranthus bruhlii in the Critically Endangered category of the EPBC Act’s list. This legislative instrument was enacted by the Minister for the Environment, in accordance with the authority provided by sections 178 and 184(a) of the EPBC Act. The instrument aims to provide enhanced protection to Homoranthus bruhlii, a species that is only known from a single population with an extremely low population size, thereby ensuring its conservation and survival. The process of amending the list involved extensive consultation and assessment by the Threatened Species Scientific Committee, ensuring that the decision to list the species was made based on thorough scientific evaluation and public input.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that serves to protect the environment and conserve biodiversity, including threatened species. Under the EPBC Act, the Minister for the Environment is empowered to establish a list of threatened species, which is divided into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (Homoranthus bruhlii (269)) Instrument 2021 is a legislative instrument that amends the EPBC Act's list by including the species Homoranthus bruhlii in the Critically Endangered category. This amendment is based on the species' extremely low population size and the high risk of extinction in the wild. The instrument was made following consultation with the Threatened Species Scientific Committee and public feedback, as required by the EPBC Act. The instrument applies nationally across Australia and is subject to the provisions of the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The inclusion of a species in the List does not, in itself, restrict land use but triggers additional protections and requirements for actions that may impact the species or its habitat.
Key Provisions
The main operative sections of this legislation, the List of Threatened Species Amendment (Homoranthus bruhlii (269)) Instrument 2021, pertain to the inclusion of Homoranthus bruhlii in the Critically Endangered category of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) List of Threatened Species. Under section 178(1) of the EPBC Act, the Minister for the Environment is required to establish a list of threatened species. Section 184(a) further empowers the Minister to amend this list by legislative instrument, including the addition of species into the List. This particular instrument (F2021L01536) serves to add Homoranthus bruhlii to the List in the Critically Endangered category, in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations).
The obligations and requirements imposed by this Act on the relevant parties include adherence to the listing criteria outlined in the Regulations. For a species to be listed as Critically Endangered, it must meet the stringent criteria indicating an extremely high risk of extinction in the wild in the immediate future. The Minister, in making the determination to list Homoranthus bruhlii, must be satisfied that these criteria are met, as stipulated by section 179(3) of the EPBC Act. The process involves thorough assessment by the Threatened Species Scientific Committee, which reviews the species' status and eligibility for listing. Public consultation is also mandated, requiring a minimum of 30 business days for public comment as specified in subsection 194M(3) of the EPBC Act. All relevant public comments are considered by the Committee during their assessment.
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach in this context, as the primary focus is on the protection and conservation of threatened species. However, breaches of the EPBC Act or the Regulations related to the protection of listed species can lead to significant legal consequences. For example, unauthorised actions that harm a listed species can result in fines and imprisonment. Under section 474 of the EPBC Act, penalties for offences can include fines of up to $222,222 for individuals and $1,111,110 for bodies corporate, as well as imprisonment for up to five years. Additionally, civil penalties for breaches of the Regulations can apply, with the maximum penalty being $660,000 for individuals and $3,300,000 for bodies corporate. These penalties underscore the seriousness with which the Act treats the protection of threatened species.