Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the 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 legislation establishes a framework for the management and protection of species deemed to be at risk of extinction, including provisions for the creation and maintenance of a list of threatened species. The Act empowers the Minister for the Environment to amend this list via legislative instruments, ensuring that the list is kept up-to-date with the most current scientific information and threats faced by species. The List of Threatened Species Amendment (Philoria richmondensis (252)) Instrument 2021 was introduced to address the need to include the Philoria richmondensis, a species threatened by various factors such as climate change, habitat loss, and invasive species, into the Endangered category of the Act’s threatened species list. This legislative instrument was issued under the authority of the Minister for the Environment, with the policy objective of ensuring the protection and conservation of species facing a very high risk of extinction in the wild.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. The Act mandates the Minister for the Environment to establish a list of threatened species, which is categorised into Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Under the EPBC Act, the Minister may amend this list by including new items, subject to meeting the specified criteria. The List of Threatened Species Amendment (Philoria richmondensis (252)) Instrument 2021 amends the List to include the Philoria richmondensis in the Endangered category, reflecting its threat status due to factors such as climate change, habitat loss, disease, and invasive species. The inclusion of this species was preceded by a consultation process mandated by the Act, which required public notice and feedback for a minimum of 30 business days, and considered by the Threatened Species Scientific Committee. This legislative instrument applies nationally across Australia and is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the List of Threatened Species Amendment (Philoria richmondensis (252)) Instrument 2021, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), focus on the inclusion of Philoria richmondensis in the Endangered category of the list of threatened species. Section 178(1) mandates that the Minister must, by legislative instrument, establish a list of threatened species separated into various categories, including Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend the list by including items within it, in accordance with Subdivision AA. The Instrument specifically implements this authority by adding Philoria richmondensis to the Endangered category based on criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. This addition is justified by the species' vulnerability to climate change, habitat loss, disease, and invasive species, which collectively pose a very high risk of extinction in the wild in the near future, as outlined in section 179(4) of the EPBC Act. The Act imposes several obligations on the parties or entities it governs. Firstly, the Minister must ensure that the inclusion of a native species in any category of the threatened species list is justified by satisfying the eligibility criteria as per section 186(1). For Philoria richmondensis, this means demonstrating that the species meets the criteria for being in the Endangered category, which involves assessing its risk of extinction under the prescribed criteria in Regulation 7.01 of the EPBC Regulations. Furthermore, the Act requires the Minister to undertake a consultation process before making amendments to the list, ensuring public input is considered. This process includes publishing a consultation document for public comment for a minimum of 30 business days as stipulated in subsection 194M(3). The Threatened Species Scientific Committee's assessment and recommendations also play a crucial role in this process, providing scientific validation of the species' eligibility for inclusion. Any breaches of the obligations or provisions of the Act may lead to various consequences, including both civil and criminal penalties. Although the specific penalties for violations are not detailed in the explanatory statement, the EPBC Act generally provides for substantial fines and imprisonment for offences related to the protection of threatened species. For instance, under section 325 of the Act, individuals and corporations can be subject to significant penalties if they engage in activities that threaten listed species, such as damaging their habitat or harming the species directly. The exact penalties can vary depending on the severity of the offence and are determined by the courts in accordance with the law. In conclusion, the List of Threatened Species Amendment (Philoria richmondensis (252)) Instrument 2021 adds Philoria richmondensis to the Endangered category under the EPBC Act, reflecting the species' vulnerability to various environmental threats. The Act mandates that the Minister follows a rigorous process for including species in the threatened list, ensuring that public consultation and scientific assessment are integral parts of this process. The potential consequences for non-compliance with the Act's provisions include substantial fines and imprisonment, underscoring the importance of adhering to the legislative requirements for species protection.