EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Water)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Liopholis montana (313)) 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 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 Liopholis montana in the Endangered category in the List.
This species is considered threatened due to habitat loss and degradation, climate change, and predation.
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(4) of the Act provides that a native species is eligible to be included in the Endangered category at a particular time if, at that time, it is not critically endangered and it is facing a very high risk of extinction in the wild in the near 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 Liopholis montana in the 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 Liopholis montana as eligible for inclusion in the 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
(Liopholis montana (313)) 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 Liopholis montana in the 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. The Hon Tanya Plibersek MP Minister for the Environment and Water |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves to safeguard Australia's environment and biodiversity, including the protection of threatened species. Enacted by the Australian Parliament, the EPBC Act establishes a framework for the listing and conservation of species at risk of extinction. The List of Threatened Species Amendment (Liopholis montana (313)) Instrument 2022 updates this list by including Liopholis montana, also known as the mountain cool-skink, in the Endangered category. This amendment addresses the pressing need to protect species affected by habitat loss, climate change, and predation, thus aligning with the policy objective of the EPBC Act to prevent further decline of vulnerable species. The instrument was developed following consultations with relevant scientific committees and public feedback, ensuring a thorough assessment and consideration of the species' eligibility for inclusion.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) encompasses various provisions aimed at safeguarding the environment and conserving biodiversity, including the protection of threatened species. Under this Act, the Minister for the Environment and Water has the authority to establish and amend a list of threatened species through legislative instruments. Specifically, the List of Threatened Species Amendment (Liopholis montana (313)) Instrument 2022 seeks to include the species Liopholis montana in the Endangered category, recognising its vulnerability due to factors such as habitat loss, degradation, climate change, and predation. The Instrument applies to the Minister, relevant stakeholders, and any entities involved in activities that may impact the species, within the jurisdiction of the Commonwealth of Australia. The process of listing involves consultation with the Threatened Species Scientific Committee and public feedback, ensuring a thorough assessment of the species' eligibility. The Instrument does not specify exclusions or exemptions but is subject to the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. Subordinate instruments may further extend or restrict the application of this Instrument as necessary.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Act) establishes a framework for the protection and conservation of the environment and biodiversity, including threatened species. Under Section 178(1), the Minister is required to maintain a list of threatened species, which is divided into several categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Pursuant to Section 184(a), the Minister can amend this list by including additional species through a legislative instrument. The List of Threatened Species Amendment (Liopholis montana (313)) Instrument 2022 aims to include Liopholis montana in the Endangered category of the List (Section 186(1)). The Minister must be satisfied that the species meets the eligibility criteria for inclusion in that category, as outlined in the Environment Protection and Biodiversity Conservation Regulations 2000.
The Act imposes several obligations on the Minister and other parties concerning the listing of threatened species. The Minister must ensure that any inclusion or transfer of a native species to the List is based on a thorough assessment and satisfaction that the species meets the criteria for the relevant category. For a species to be included in the Endangered category, it must not be critically endangered but must face a very high risk of extinction in the wild in the near future, in accordance with the criteria in Regulation 7.01 of the Regulations. The process for amending the List involves consultation with the Threatened Species Scientific Committee and public comment, as outlined in Part 13, Division 1, Subdivision AA of the Act. This ensures that all relevant scientific and public input is considered before making any amendments.
Breaching the requirements set out in the Act and the Regulations can result in legal consequences. While the specific offences and penalties are not detailed in the Instrument, general provisions in the Act may apply. For example, unauthorised actions that threaten listed species can lead to civil or criminal penalties. Civil penalties can include fines up to a substantial amount as prescribed by the Act, and criminal penalties may include imprisonment for a certain duration. These penalties are intended to enforce compliance with the Act’s provisions and to protect threatened species from harm.