EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Melithreptus brevirostris magnirostris (293)) 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 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 Melithreptus brevirostris magnirostris (Kangaroo Island Brown-headed Honeyeater) in the Endangered category in the List.
This species is considered threatened by fire, climate change, habitat loss, degradation and modification, and invasive species.
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 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 Melithreptus brevirostris magnirostris 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 Melithreptus brevirostris magnirostris 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 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(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
(Melithreptus brevirostris magnirostris (293)) 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 Melithreptus brevirostris magnirostris (Kangaroo Island Brown-headed Honeyeater) 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 Sussan Ley MP Minister for the Environment |
Overview
The List of Threatened Species Amendment (Melithreptus brevirostris magnirostris (293)) Instrument 2021 amends the Environment Protection and Biodiversity Conservation Act 1999 to address the issue of including the Kangaroo Island Brown-headed Honeyeater (Melithreptus brevirostris magnirostris) in the endangered species list. Enacted by the Parliament of Australia, the instrument was introduced to ensure that the species, threatened by various factors including fire, climate change, and habitat loss, receives appropriate conservation measures. The Minister for the Environment, in accordance with the Act, was required to amend the list of threatened species based on eligibility criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. After thorough consultation and assessment by the Threatened Species Scientific Committee, the Minister was satisfied that the species met the criteria for inclusion in the Endangered category. This legislative instrument ensures the protection of the Kangaroo Island Brown-headed Honeyeater by legally recognising its threatened status, thereby facilitating targeted conservation efforts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to all individuals, entities, and industries within Australia, providing for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act applies to actions that may impact matters of national environmental significance, which include matters listed in the Schedule to the EPBC Act such as world heritage properties, nationally threatened species and ecological communities, and Ramsar listed wetlands. The scope of this particular legislative instrument, List of Threatened Species Amendment (Melithreptus brevirostris magnirostris (293)) Instrument 2021, is specifically focused on amending the list of threatened species under the EPBC Act by including Melithreptus brevirostris magnirostris, commonly known as the Kangaroo Island Brown-headed Honeyeater, in the Endangered category. This amendment is made pursuant to the authority provided by sections 178 and 184(a) of the EPBC Act and is subject to the prescribed criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The Instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, ensuring that the legislative changes do not adversely impact on the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main operative sections of the List of Threatened Species Amendment (Melithreptus brevirostris magnirostris (293)) Instrument 2021 (the Instrument) pertain to the inclusion of the Kangaroo Island Brown-headed Honeyeater (Melithreptus brevirostris magnirostris) in the Endangered category of the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). This amendment is made in accordance with the provisions outlined in sections 178 and 184(a) of the Act, which empower the Minister to establish and amend the list of threatened species through legislative instruments. Under this specific Instrument, the Minister has included the Kangaroo Island Brown-headed Honeyeater in the Endangered category, recognising the species as facing a very high risk of extinction in the wild due to factors such as fire, climate change, habitat loss, and invasive species.
The Instrument imposes specific obligations and requirements on the parties and entities governed by the Act. For example, it mandates that the Minister must not include a native species in a particular category on the List unless satisfied that it is eligible for inclusion in that category, as stipulated in section 186(1) of the Act. The Instrument also aligns with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000, particularly under Regulation 7.01, which provides that a native species is eligible for inclusion in the Endangered category if it meets any of the prescribed criteria for that category. The Minister was satisfied that the Kangaroo Island Brown-headed Honeyeater met these criteria, thereby justifying its inclusion in the Endangered category.
Breach of the provisions under the Act can lead to various civil or criminal consequences. For instance, activities that involve threatening a listed species can attract penalties. Under section 207 of the Act, the maximum penalty for interfering with a listed threatened species can be up to $330,000 for individuals and $1.65 million for corporations, along with potential imprisonment terms. These penalties underscore the importance of adhering to the Act's requirements and highlight the legal consequences of non-compliance. Additionally, the Act provides for the enforcement of these penalties by relevant authorities, ensuring that the conservation efforts are protected and enforced effectively.