Overview

The List of Threatened Species Amendment (Petaurus australis australis (289)) Instrument 2022 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to include the Petaurus australis australis, also known as the Sugar Glider, in the vulnerable category on the list of threatened species. Enacted by the Parliament of Australia, this instrument addresses the problem of habitat loss and modification, climate change, introduced species, and entanglement with barbed fences, which have led to a substantial reduction in the species' numbers. The policy objective is to provide for the protection and conservation of threatened species, ensuring that they are safeguarded against extinction. The amendment was made following consultations and assessments by the Threatened Species Scientific Committee, ensuring that the requisite criteria were met for including the species in the vulnerable category.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the List of Threatened Species Amendment (Petaurus australis australis (289)) Instrument 2022, pertains to the protection and conservation of biodiversity within Australia, with a particular focus on the inclusion of the species Petaurus australis australis in the Vulnerable category on the List of Threatened Species. The Act applies to the Commonwealth, encompassing all entities and persons subject to its jurisdiction. It targets the conservation of native species and regulates conduct and transactions that may impact these species. The Act provides a framework for listing threatened species, including those that face a high risk of extinction in the medium-term future, and mandates the Minister to amend the List by legislative instrument. This legislative amendment was preceded by public consultation and a thorough assessment by the Threatened Species Scientific Committee, ensuring that the inclusion of Petaurus australis australis was based on meeting specific criteria for vulnerability. No exclusions, exemptions, or thresholds are explicitly stated in this Instrument, but the application of the Act is further detailed in the Environment Protection and Biodiversity Conservation Regulations 2000, which can extend or restrict its scope through subordinate instruments.

Key Provisions

This legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by modifying the list of threatened species, specifically including Petaurus australis australis, also known as the Sugar Glider, in the Vulnerable category of the list (s. 178, s. 184(a)). This amendment is made to reflect the species' significant decline in population due to various threats such as habitat loss, climate change, and entanglement in agricultural fencing. The inclusion in the Vulnerable category is based on the species not meeting the criteria for more severe categories but still facing a high risk of extinction in the wild in the medium-term future, as determined by the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000 (s. 179(5), Regulation 7.01). The Act imposes several obligations on the parties it governs, particularly concerning the protection and conservation of threatened species. Section 186(1) requires the Minister to ensure that a species is eligible for inclusion in the Vulnerable category based on specific criteria before it is added to the list. Additionally, the Minister must consult with relevant stakeholders and consider their feedback as stipulated in Part 13, Division 1, Subdivision AA of the Act (s. 194M(3)). This process ensures that all relevant information and public comments are taken into account during the assessment of the species' eligibility for inclusion. Any breach of the provisions under this Act could result in various civil or criminal consequences. While specific penalties are not detailed in the explanatory statement, the Act generally allows for enforcement actions against those who fail to comply with the regulations designed to protect threatened species. Penalties can include fines and, in more severe cases, imprisonment. The exact penalties would depend on the specific nature of the breach and the provisions of the Act that are contravened.