EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Meridolum maryae (266)) 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 to other category 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 Meridolum maryae (Maroubra Woodland Snail) in the Endangered category in the List.
This species is considered threatened by urbanisation resulting in degradation of the species’ habitat in the form of weed invasion, vegetation clearing and fragmentation, altered fire regimes and predation by foxes and rats
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 were met for including the species 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 Meridolum maryae 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: section 178 and paragraph 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 (Meridolum maryae (266)) 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 Meridolum maryae 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 a framework for the protection of the environment and conservation of biodiversity in Australia, including the protection and conservation of threatened species. Pursuant to this Act, the Environment Protection and Biodiversity Conservation (List of Threatened Species) Regulations 2000 were established to categorise species based on their level of threat. The List of Threatened Species Amendment (Meridolum maryae (266)) Instrument 2021 was introduced to address the problem of habitat degradation and threats to the survival of the Meridolum maryae, commonly known as the Maroubra Woodland Snail, due to factors such as urbanisation, weed invasion, vegetation clearing, altered fire regimes, and predation by foxes and rats. This legislative instrument, made by the Minister for the Environment under the authority of the EPBC Act, aims to include the Meridolum maryae in the Endangered category of the threatened species list, thereby ensuring it receives appropriate conservation measures to mitigate its high risk of extinction in the wild. The instrument was developed following consultation with relevant stakeholders and the Threatened Species Scientific Committee, in line with the legislative requirements for amendments to the threatened species list.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Act) serves to safeguard the environment and conserve biodiversity, including the protection and conservation of threatened species. This Act applies to all individuals and entities within the Commonwealth of Australia, as well as to transactions and conduct that may impact listed threatened species. The Act establishes a legislative framework for the listing of threatened species and their subsequent protection, with the Minister for the Environment having the authority to amend the list of threatened species through legislative instruments. This particular instrument amends the list by including the Meridolum maryae, also known as the Maroubra Woodland Snail, in the Endangered category. The decision to list this species was based on the significant threats it faces, such as habitat degradation due to urbanisation, weed invasion, vegetation clearing, altered fire regimes, and predation by introduced species like foxes and rats. The amendment process involved public consultation, with the Threatened Species Scientific Committee providing an assessment on the species' eligibility for inclusion in the list. This legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.
Key Provisions
The primary operative sections of this legislative instrument (F2021L01703) pertain to the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (Act). Section 184(a) of the Act allows the Minister to amend the List of threatened species by including items within it. This specific instrument amends the List to include Meridolum maryae, commonly known as the Maroubra Woodland Snail, in the Endangered category (section 179(4)). The Minister, upon being satisfied that the species meets the eligibility criteria under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations), exercised this power to include the species in the Endangered category. This was done in accordance with the provisions outlined in the Act and the Regulations, which set forth the criteria for categorising species as endangered, vulnerable, or critically endangered.
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that any actions impacting the listed species comply with the protection measures established under the Act. This means that any development, activities, or land use that could affect the habitat of Meridolum maryae must be managed in a way that prevents further degradation and supports the conservation of the species. Additionally, the Act requires the Minister to consult with relevant stakeholders, including the Threatened Species Scientific Committee, before making amendments to the List. The Committee's assessment and any public comments received during the consultation period must be considered in the decision-making process. This ensures that the inclusion of Meridolum maryae in the Endangered category is based on rigorous scientific evaluation and community input.
Breaches of the Act can lead to various civil and criminal consequences. Under section 483 of the Act, any person who knowingly or recklessly takes, injures, or destroys a species listed as endangered can face a penalty of up to $300,000 or imprisonment for up to five years, or both. Additionally, under section 484, any person who engages in activities that are likely to significantly harm the species or its critical habitat can also face similar penalties. The Act also includes provisions for civil remedies, allowing authorised officers to seek court orders to prevent or remedy harm to listed species. These penalties underscore the importance of complying with the Act's requirements to protect threatened species and their habitats.