EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Litoria littlejohni (277)) 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(c) of the Act relevantly provides that the Minister may, by legislative instrument, amend the List referred to in section 178 by transferring items within the List in accordance with Subdivision AA.
The species being transferred within the List met the criteria for listing in the 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:
- Transferring Litoria littlejohni (Littlejohn’s Tree Frog) by deleting it from the Vulnerable category in the List and including it in the Endangered category in the List.
This species is considered threatened by disease (chytrid fungus), habitat loss and fragmentation (vegetation clearance and fragmentation; alteration to groundwater hydrology), climate change (increased severity and frequency of heatwaves and change to precipitation patterns; increased intensity and frequency of bushfire), invasive species (fish, cats and foxes) and recreational activity.
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(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 subsection 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 Litoria littlejohni 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 transfer within the List. The Committee assessed the Litoria littlejohni as eligible for transfer from the Vulnerable category to the Endangered category on 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 EPBC 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(c) 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 (Litoria littlejohni (277)) 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: - Transfer Litoria littlejohni by deleting it from the Vulnerable category in the List and including it 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 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 Act empowers the Minister to establish and amend a list of threatened species, categorising them into various levels of threat such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act was introduced to address the need for a comprehensive legal framework to safeguard Australia's biodiversity. The Parliament of Australia is the enacting body, with the policy objective being the effective management and conservation of threatened species to ensure their survival and ecological roles are maintained. The List of Threatened Species Amendment (Litoria littlejohni (277)) Instrument 2022 amends the EPBC Act by transferring Litoria littlejohni, also known as Littlejohn’s Tree Frog, from the Vulnerable category to the Endangered category due to threats including disease, habitat loss, climate change, invasive species, and recreational activity. The Minister's decision to amend the list was made following a thorough assessment by the Threatened Species Scientific Committee and after a period of public consultation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, including the listing and conservation of threatened species. Under the EPBC Act, the Minister for the Environment is mandated to establish a list of threatened species, which is categorised into Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. This legislative instrument specifically pertains to the amendment of the List of Threatened Species by transferring Litoria littlejohni (Littlejohn’s Tree Frog) from the Vulnerable category to the Endangered category. The decision to transfer this species was based on assessments by the Threatened Species Scientific Committee, which considered factors such as disease, habitat loss, climate change, invasive species, and recreational activities impacting the species. The instrument ensures compliance with the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. Public consultation was conducted as required by the EPBC Act, and the instrument aligns with human rights, as confirmed by the Statement of Compatibility with Human Rights. This amendment underscores the ongoing commitment to protecting threatened species under Australian law.
Key Provisions
The key operative sections of the List of Threatened Species Amendment (Litoria littlejohni (277)) Instrument 2022 involve the transfer of the Littlejohn's Tree Frog (Litoria littlejohni) from the Vulnerable category to the Endangered category in the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This transfer is authorised under section 178(1) and 184(c) of the EPBC Act, which provide the framework for establishing and amending the list of threatened species, respectively (section 178, 184).
The obligations and requirements imposed by the Act on the parties it governs are primarily concerned with ensuring the conservation and protection of threatened species. In this case, the Act mandates that the Minister for the Environment must not include a native species on the List in a particular category unless satisfied it is eligible to be included in that category (subsection 186(1)). The Minister must be satisfied that the species meets the criteria for inclusion in the Endangered category, which includes facing a very high risk of extinction in the wild in the near future, as determined by the prescribed criteria in the Environment Protection and Biodiversity Conservation Regulations 2000 (subsection 179(4), Regulation 7.01). The Minister considered the Threatened Species Scientific Committee’s assessment and public consultation comments in making this decision, ensuring that the transfer of Litoria littlejohni to the Endangered category is both justified and in line with conservation objectives.
The Act provides for both civil and criminal consequences for breaches, although the specific Instrument does not detail penalties. Generally, under the EPBC Act, unauthorised actions that harm listed threatened species, their habitats, or take actions contrary to a recovery plan can result in substantial penalties. Civil penalties for individuals can include fines of up to $66,600 for a serious breach or $13,320 for a minor breach, and for corporations, the fines can be significantly higher, up to $3.3 million for a serious breach or $666,000 for a minor breach (sections 509, 510). Criminal penalties can also be imposed, with individuals facing up to five years imprisonment and corporations facing fines up to $2.75 million (sections 511, 512).
The Instrument also ensures that the process for making amendments to the List is transparent and includes public consultation. Notice of the proposed amendment and a consultation document were made available for a minimum of 30 business days as required by the Act, and any relevant public comments were considered by the Threatened Species Scientific Committee (subsection 194M(3)). This procedural requirement ensures that amendments are made with due consideration of scientific evidence and public input, thereby upholding the integrity and effectiveness of the conservation measures under the Act.