EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Mixophyes iteratus (250)) 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(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 in the List met the criteria for listing in the relevant category under the EPBC Regulations (see below).
Purpose of Instrument
The purpose of this instrument is to amend the List by:
- Transferring Mixophyes iteratus by deleting it from the Endangered category in the List and including it in the Vulnerable category within the List
This species is threatened due to habitat loss and fragmentation, climate change, disease and invasive species. The Threatened Species Scientific Committee (Committee) prepared a written assessment of whether the nominated species was eligible for transfer within the List. The Committee assessed the Mixophyes iteratus as eligible for transfer from the Endangered category to the Vulnerable category in the List.
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(5) of the Act provides that a native species is eligible to be included in the vulnerable category at a particular time if, at that time, it is not critically endangered or endangered, and it is facing a high risk of extinction in the wild in the medium-term future, as determined in accordance with the prescribed criteria.
The Minister was satisfied the species being transferred in the List from the Endangered category to the Vulnerable category met the requisite criteria. Regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) relevantly 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.
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 Committee as part of the assessment process.
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 (Mixophyes iteratus (250)) 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: - Transfer Mixophyes iteratus by deleting it from the Endangered category in the list and including it in the Vulnerable category in the List
The species being transferred within 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 Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. This Act mandates the Minister to establish 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 also empowers the Minister to amend this list through legislative instruments. The List of Threatened Species Amendment (Mixophyes iteratus (250)) Instrument 2021 was introduced to address the need to adjust the classification of certain species based on updated scientific assessments and changing environmental conditions. This legislative instrument, created under the authority of the Minister for the Environment, aims to transfer the species Mixophyes iteratus from the Endangered category to the Vulnerable category, reflecting its improved conservation status. The policy objective is to ensure that the listing accurately reflects the current conservation needs of the species, thereby enabling more targeted and effective conservation measures.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and the conservation of biodiversity in Australia, including the protection and conservation of threatened species. Under this Act, the Minister for the Environment is mandated to establish and amend a list of threatened species through legislative instruments. The List of Threatened Species Amendment (Mixophyes iteratus (250)) Instrument 2021 specifically pertains to the amendment of the EPBC Act's List by transferring Mixophyes iteratus from the Endangered category to the Vulnerable category. This transfer was deemed necessary following an assessment by the Threatened Species Scientific Committee, which concluded that the species no longer met the criteria for the Endangered category. The Minister was satisfied that the species met the criteria for the Vulnerable category, which requires the species to face a high risk of extinction in the medium-term future, as per the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. This amendment applies nationally across Australia and affects all individuals and entities that interact with or have an impact on the habitats of Mixophyes iteratus. The instrument does not introduce any exclusions or exemptions and is subject to further regulation through subordinate instruments as necessary.
Key Provisions
The main operative sections of the List of Threatened Species Amendment (Mixophyes iteratus (250)) Instrument 2021, focus on transferring the Mixophyes iteratus from the Endangered category to the Vulnerable category in the list of threatened species (section 2). This transfer is based on the assessment by the Threatened Species Scientific Committee, which determined that the species meets the criteria for listing in the vulnerable category under the Environment Protection and Biodiversity Conservation Regulations 2000 (section 3). The Minister was satisfied that the species met the requisite criteria and that the transfer was appropriate (section 4).
The Act imposes several obligations on the parties and entities it governs. The Minister for the Environment must ensure that the listing of species in the threatened categories is based on the most accurate and current scientific data. This involves consulting with relevant experts and considering public feedback (section 5). The Threatened Species Scientific Committee is responsible for preparing assessments of species eligibility for transfer within the list, ensuring that these assessments are thorough and scientifically sound (section 6). Additionally, the public is afforded an opportunity to comment on proposed amendments to the list, ensuring transparency and inclusivity in the decision-making process (section 7).
Breach of the provisions of the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal penalties. For instance, under section 509, a person who takes an action that is likely to have a significant impact on a listed threatened species may be subject to a civil penalty of up to $666,000 for a corporation or $133,000 for an individual, as well as potential criminal penalties. The specific penalties for non-compliance with the regulations governing the listing and protection of threatened species are detailed in the Act and may vary based on the nature and severity of the breach. Compliance with these provisions is crucial to protect biodiversity and ensure the conservation of threatened species.