EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Moggridgea rainbowi (291)) 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 Moggridgea rainbowi in the Endangered category in the List.
This species is considered threatened by habitat loss, disturbance and modifications, bushfires, invasive and domestic species and climate change.
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 Moggridgea rainbowi 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 Moggridgea rainbowi 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
(Moggridgea rainbowi (291)) 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 Moggridgea rainbowi 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 (Act) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. The Act establishes a list of threatened species, which is separated into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Minister for the Environment is responsible for amending this list through legislative instruments. The purpose of this legislative instrument is to amend the list by including the species Moggridgea rainbowi in the Endangered category due to threats such as habitat loss, disturbance, bushfires, invasive species, domestic species, and climate change. The Minister ensured the criteria for eligibility in the Endangered category were met before making this amendment. The decision was made following consultation with the Threatened Species Scientific Committee and public comment, as required by the Act. The Instrument was registered and commenced the day after registration, aligning with the requirements of the Legislation Act 2003.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity, including the protection and conservation of threatened species. Under this Act, the Minister for the Environment has the authority to amend the list of threatened species through legislative instruments, such as the List of Threatened Species Amendment (Moggridgea rainbowi (291)) Instrument 2022. This Instrument specifically adds the species Moggridgea rainbowi, a type of spider, to the Endangered category on the list of threatened species. The inclusion was determined based on the species facing a very high risk of extinction in the wild due to factors such as habitat loss, bushfires, invasive species, and climate change. The process for amending the list involves public consultation and assessment by the Threatened Species Scientific Committee, ensuring that the species meets the eligibility criteria for the Endangered category. The Instrument is applicable across Australia, impacting all persons and entities involved in activities that could affect the listed species. The legislative instrument does not specify exclusions or exemptions, but its application can be extended or restricted through subordinate instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines provisions for the protection of the environment and the conservation of biodiversity, which includes the protection and conservation of threatened species. The Minister for the Environment has the authority under section 178(1) to establish a list of threatened species, which is divided into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent (subsection 178(1)). Furthermore, under section 184(a), the Minister may amend the list by including species in accordance with Subdivision AA. In this instance, the List has been amended by including Moggridgea rainbowi in the Endangered category (section 184(a)).
The Act imposes several obligations on the parties and entities it governs. Firstly, the Minister must ensure that a native species is not included on the List in a particular category unless they are satisfied that it is eligible for inclusion (subsection 186(1)). Eligibility is determined by whether the species meets the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations), which include factors such as the species facing a very high risk of extinction in the wild in the near future (subsection 179(4)). The Minister was satisfied that Moggridgea rainbowi met the criteria for the Endangered category (subsection 186(1)).
The Act also provides for potential offences and penalties for breaches. While the specific penalties are not detailed in this Instrument, the general Act and Regulations outline potential civil and criminal penalties for activities that threaten listed species, including fines and imprisonment. For instance, unauthorised actions that harm listed species could lead to fines of up to $330,000 for individuals and $1.65 million for corporations, with additional penalties for aggravated offences. Additionally, there are provisions for the issuance of infringement notices for less severe breaches.
The process for amending the List requires consultation with relevant stakeholders and the Threatened Species Scientific Committee. Notice of the proposed amendment and a consultation document must be made available for public comment for a minimum of 30 business days (subsection 194M(3)). Any relevant public comments are considered by the Threatened Species Scientific Committee as part of the assessment process, ensuring that all relevant factors are taken into account before amendments are made. In this case, the Minister considered the Committee’s written assessment and the public comments before making the Instrument. This legislative instrument is compatible with human rights as it does not raise any human rights issues, as outlined in the Statement of Compatibility with Human Rights under the Human Rights (Parliamentary Scrutiny) Act 2011.