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 elusus (268))
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 to 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:
- Including Homoranthus elusus in the Critically Endangered category in the List.
This species is considered threatened because of its extremely low population size and its highly restricted geographic range.
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 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 elusus 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 elusus (268))
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 elusus 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 for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity, ensuring that threatened species and their habitats are preserved for future generations. Pursuant to the EPBC Act, the Minister for the Environment has the authority to establish and amend the list of threatened species, and this power is exercised through legislative instruments such as the List of Threatened Species Amendment (Homoranthus elusus (268)) Instrument 2021. The policy objective of this amendment is to include the critically endangered Homoranthus elusus in the list, recognising its extremely low population size and highly restricted geographic range, thereby providing it with the necessary legal protections to support its conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a comprehensive framework for the protection and conservation of biodiversity in Australia, including the listing and protection of threatened species. Under the authority granted by the Act, the Minister for the Environment has issued the List of Threatened Species Amendment (Homoranthus elusus (268)) Instrument 2021, which amends the list of threatened species by including Homoranthus elusus in the Critically Endangered category. This amendment is made pursuant to subsection 178(1) and paragraph 184(a) of the EPBC Act, which empowers the Minister to establish and amend the list of threatened species. The inclusion of Homoranthus elusus in the List was based on its extremely low population size and restricted geographic range, meeting the criteria for the Critically Endangered category under the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister was satisfied that the species faced an extremely high risk of extinction in the wild in the immediate future. The decision to amend the list followed consultation with the Threatened Species Scientific Committee and public feedback, as mandated by the EPBC Act. The Instrument is a legislative instrument under the Legislation Act 2003 and becomes effective the day after registration.
Key Provisions
The main operative sections of the List of Threatened Species Amendment (Homoranthus elusus (268)) Instrument 2021 are those that amend the Environment Protection and Biodiversity Conservation Act 1999 by adding the species Homoranthus elusus to the critically endangered category of the List of Threatened Species. This amendment is made under the authority granted by sections 178 and 184(a) of the Act, which provide the Minister with the power to list and amend the list of threatened species. The Minister must ensure that a species meets the eligibility criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 before it is included in the list. In this case, the Minister was satisfied that Homoranthus elusus met the criteria for being included in the Critically Endangered category.
The Act imposes specific obligations on the parties and entities it governs, ensuring that the protection and conservation of threatened species are effectively managed. The Minister must follow a formal process when amending the List of Threatened Species, which includes consulting with the Threatened Species Scientific Committee and considering public comments. This process is designed to ensure that decisions about the inclusion of species on the list are based on rigorous scientific assessment and community input. Additionally, the Act requires that any amendments to the list are made by legislative instrument and are subject to registration and publication, thereby ensuring transparency and accountability in the decision-making process.
The Instrument also outlines potential consequences for breaches of the Act’s provisions. While the explanatory statement does not specify detailed penalties, breaches of the Act can result in civil or criminal penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, offences related to the unauthorised harm or killing of listed threatened species can attract significant penalties, including fines and imprisonment. For instance, causing serious harm to a listed threatened species can result in penalties of up to $300,000 or five years' imprisonment, or both, for an individual. For corporations, the penalties can be even more severe, with fines reaching up to $1.5 million. These penalties reflect the seriousness with which the law regards the protection and conservation of biodiversity, particularly for critically endangered species like Homoranthus elusus.