EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) (311)) Instrument 2022
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 Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) in the Critically Endangered category in the List.
This species is considered threatened due to disease (Myrtle Rust), trampling, inappropriate fire regimes and climate change.
Subsection 186(1) of the Act provides that the Minister must not include (whether as a result of a transfer or otherwise) a native species on the List in a particular category unless satisfied that the native species 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 including Lenwebbia sp. Main Range (P.R. Sharpe+ 4877) 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) of the Act. 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 Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) as eligible for inclusion in the List in the Critically Endangered category in the List.
In making this Instrument, the Minister considered the Committee’s written assessment and any 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
(Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) (311)) Instrument 2022 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 Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) 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 EPBC 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. Minister for the Environment |
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, is designed to protect the environment and conserve biodiversity, including the protection of threatened species. This legislation establishes a list of threatened species divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The policy objective of this Act is to provide a comprehensive framework for the protection and conservation of threatened species, ensuring their survival and recovery. The List of Threatened Species Amendment (Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) (311)) Instrument 2022 aims to address the gap in the protection of specific species by amending the list to include Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) in the Critically Endangered category, due to threats such as Myrtle Rust, trampling, inappropriate fire regimes, and climate change. This amendment was made following a consultation process and an assessment by the Threatened Species Scientific Committee.
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. Pursuant to this Act, the Minister for the Environment has the authority to amend the list of threatened species by legislative instrument, as outlined in sections 178 and 186 of the Act. The List of Threatened Species Amendment (Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) (311)) Instrument 2022 aims to include the species Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) in the Critically Endangered category. This amendment applies to all persons and entities within the Commonwealth of Australia, imposing obligations on them to comply with the provisions of the EPBC Act and the associated regulations concerning the protection of this listed species. The Instrument is applicable nationwide and is subject to the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister for the Environment was satisfied that Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) met the criteria for inclusion in the Critically Endangered category, considering the threats posed by disease, trampling, inappropriate fire regimes, and climate change. Public consultation was undertaken in accordance with the Act, and the Threatened Species Scientific Committee assessed the species as eligible for inclusion in the List. This legislative instrument does not engage any applicable rights or freedoms as it is compatible with human rights.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this amendment are sections 178 and 184(a). Section 178 mandates the Minister to establish a list of threatened species, categorising them into distinct groups such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) provides the Minister with the authority to amend this list by legislative instrument, including the addition of new species. This Instrument specifically amends the list by including Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) in the Critically Endangered category, reflecting its extremely high risk of extinction due to factors such as Myrtle Rust, trampling, inappropriate fire regimes, and climate change.
The Act imposes several obligations and requirements on the parties and entities it governs, particularly concerning the inclusion of species on the threatened species list. Section 186(1) stipulates that the Minister must not include a native species on the List unless satisfied that it is eligible for inclusion in a particular category. Eligibility criteria for the Critically Endangered category are outlined in section 179(3), which states that a species must be facing an extremely high risk of extinction in the wild in the immediate future. Regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000 further defines the criteria for inclusion in the critically endangered, endangered, or vulnerable categories. The Minister's decision to include Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) was made after thorough consideration, including an assessment by the Threatened Species Scientific Committee and consultation with the public.
The Act also outlines potential consequences for non-compliance or breaches of its provisions. While the specific penalties for breaches are not detailed in the explanatory statement, the EPBC Act generally provides for both civil and criminal penalties. Civil penalties may include fines up to $666,000 for corporations and $66,600 for individuals, reflecting the severity of environmental offences. Criminal penalties can include imprisonment, with the exact terms depending on the nature and extent of the offence. Additionally, breaches of the Act can lead to court-ordered remediation and other enforcement actions to ensure compliance and protection of threatened species.
In summary, this Instrument amends the EPBC Act's list of threatened species by adding Lenwebbia sp. Main Range (P.R.Sharpe+ 4877) to the Critically Endangered category. This addition follows a rigorous assessment process that included public consultation and expert evaluation, ensuring that the species meets the criteria for this high-risk category. The Act imposes obligations on the Minister and relevant entities to protect and conserve biodiversity, with significant civil and criminal penalties for non-compliance. This amendment underscores the commitment to safeguarding endangered species and the environment under Australian law.