Overview

The List of Threatened Species Amendment (Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) (280)) Instrument 2022 was enacted to address the pressing issue of the declining populations of koalas in specified regions of Australia. This legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by transferring koalas from the Vulnerable category to the Endangered category within the list of threatened species. The enactment of this instrument is in response to the increasing threats to koala populations, including habitat loss due to climate change, habitat degradation, vehicle strikes, attacks by domestic animals, and diseases such as the Koala retrovirus and Chlamydia pecorum. The policy objective of this instrument is to ensure the protection of koalas by recognising their heightened risk of extinction and thereby facilitating more robust conservation measures. The instrument was made by the Minister for the Environment under the authority of the Environment Protection and Biodiversity Conservation Act 1999, following consultations with the Threatened Species Scientific Committee and a public comment period.

Scope and Application

The List of Threatened Species Amendment (Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) (280)) Instrument 2022 pertains to the Environment Protection and Biodiversity Conservation Act 1999, which provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Instrument specifically addresses the transfer of the koala (Phascolarctos cinereus) from the Vulnerable category to the Endangered category within the list of threatened species. This legislative instrument applies to the Minister for the Environment, the Threatened Species Scientific Committee, and all entities and individuals involved in the conservation and management of the koala species across the states of Queensland, New South Wales, and the Australian Capital Territory. The geographic reach of this Instrument is national, as it concerns a species whose populations span multiple jurisdictions within Australia. The Instrument does not explicitly state exclusions, exemptions, or thresholds but operates under the criteria set forth in the Environment Protection and Biodiversity Conservation Regulations 2000. The application and enforcement of this legislation may be extended or restricted through subordinate instruments, which would be detailed in regulations or guidelines issued under the authority of the Act.

Key Provisions

The primary operative sections of this legislative instrument are sections 178 and 184(c) of the Environment Protection and Biodiversity Conservation Act 1999 (Act), which allow the Minister to establish and amend the list of threatened species. Section 178(1) mandates the creation of a list of threatened species, which is divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(c) allows the Minister to transfer species within these categories by legislative instrument, in accordance with Subdivision AA. This instrument specifically transfers Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) from the Vulnerable category to the Endangered category. This transfer was deemed necessary because the species meets the criteria for the Endangered category under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations). The Act imposes several obligations and requirements on the Minister and other parties involved in the conservation of threatened species. Under section 186(1), the Minister must ensure that a native species is only included in a particular category of the threatened species list if it is eligible, as determined by the criteria set out in the Regulations. Section 179(4) specifies that a species is eligible for inclusion in the Endangered category if it is facing a very high risk of extinction in the wild in the near future. The Minister must consider assessments from the Threatened Species Scientific Committee and public comments before making any amendments to the list. In this case, the Minister considered the Committee's assessment and public feedback, concluding that the koala populations in Queensland, New South Wales, and the Australian Capital Territory met the criteria for the Endangered category. Failure to comply with the provisions of the Act and the Regulations may result in civil and criminal consequences. Under section 198(1) of the Act, any person who contravenes an offence provision commits an offence. The maximum penalties for contravening certain provisions include fines of up to $222,200 for individuals and up to $1,111,000 for bodies corporate. Additionally, section 229 of the Act allows for the imposition of penalties for activities that harm listed threatened species or their habitats. Penalties for harming endangered species can be severe, reflecting the importance of protecting these species from further decline. The specific penalties are not detailed in the instrument but can be found in the Act and associated Regulations.