EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Kardomia prominens (283)) 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) (see below).
Purpose of Instrument
The purpose of this instrument is to amend the List by:
- Including Kardomia prominens in the Critically Endangered category in the List.
This species is threatened by fire, drought, disease and low recruitment. It has a very restricted geographic distribution which is inferred to be undergoing a continuing decline.
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 relevantly 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 Kardomia prominens 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: 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
(Kardomia prominens (283)) 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 Kardomia prominens 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 cohesive framework to manage and protect species at risk of extinction. The Act was enacted by the Australian Parliament, establishing the EPBC Act as a critical instrument for national environmental governance. The primary policy objective of the Act is to conserve Australia’s biodiversity by protecting species that are at risk of extinction, ensuring their survival and recovery. In line with this objective, the List of Threatened Species Amendment (Kardomia prominens (283)) Instrument 2021 was developed to further refine the protections offered under the EPBC Act by including the Kardomia prominens in the Critically Endangered category, reflecting its severe risk of extinction due to factors such as fire, drought, disease, and low recruitment rates.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Act) applies to the protection and conservation of biodiversity, including threatened species, across Australia. The Act mandates the Minister for the Environment to maintain a list of threatened species, which is amended through legislative instruments like the List of Threatened Species Amendment (Kardomia prominens (283)) Instrument 2021. This particular instrument amends the Act by adding Kardomia prominens to the Critically Endangered category, acknowledging the species' vulnerability to factors such as fire, drought, disease, and low recruitment, alongside its restricted geographic distribution and ongoing decline. The Act's jurisdiction extends nationally, influencing various entities and industries involved in activities that might impact listed species. The amendment process involves public consultation as mandated by the Act, ensuring transparency and community input. The legislative instrument does not specify exclusions or exemptions but operates under the broader criteria set in the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument is designed to be compatible with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, indicating no adverse human rights implications from its implementation.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a crucial piece of legislation designed to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. Under this Act, the Minister is required to establish a list of threatened species, which is categorised into six groups: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent (s 178(1)). The Minister has the authority to amend this list by including or transferring species according to the criteria set out in the Act and the Environment Protection and Biodiversity Conservation Regulations 2000 (s 184(a)). The List of Threatened Species Amendment (Kardomia prominens (283)) Instrument 2021 specifically adds Kardomia prominens to the Critically Endangered category, reflecting its extremely high risk of extinction in the wild due to threats such as fire, drought, disease, and low recruitment.
The Act imposes specific obligations on the Minister and relevant authorities to ensure the effective management and protection of listed species. According to the Act, the Minister must not include a native species on the List unless satisfied that the species is eligible for inclusion in the relevant category (s 186(1)). Eligibility for inclusion in the Critically Endangered category is determined by whether the species faces an extremely high risk of extinction in the wild in the immediate future, as per the criteria in the Regulations (s 179(3); Reg 7.01). In this case, the Minister was satisfied that Kardomia prominens met the requisite criteria based on the assessment by the Threatened Species Scientific Committee and public consultation.
Breaching the provisions of the EPBC Act can result in various civil and criminal consequences. The Act includes provisions for offences related to the harming or killing of listed species, with penalties that can include substantial fines and imprisonment terms. For example, section 233 of the Act imposes penalties for harming a listed threatened species, with maximum penalties including fines of up to $330,000 for individuals and $1.65 million for corporations, as well as imprisonment for up to five years for individuals. Additionally, section 243 of the Act makes it an offence to contravene certain conditions of an approval or authority under the Act, with similar penalties applying. The Act also includes provisions for the recovery of costs associated with the enforcement of the Act and the protection of listed species.