EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Philotheca papillata (284)) 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(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 Vulnerable 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 Philotheca papillata in the Vulnerable category in the List.
This species is threatened by ongoing high frequency fire, including that associated with climate change. The species is also potentially susceptible to disease. It has a low number of mature individuals in the wild.
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.
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 were met for including Philotheca papillata in the Vulnerable 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 the Philotheca papillata as eligible for inclusion in the Vulnerable 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
(Philotheca papillata (284)) 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: - Include Philotheca papillata in the Vulnerable 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 (EPBC Act) was enacted to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. The Act provides for the establishment of 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 Act empowers the Minister for the Environment to amend this list by legislative instrument. The List of Threatened Species Amendment (Philotheca papillata (284)) Instrument 2021 was introduced to address the need to protect the Philotheca papillata, a species threatened by high-frequency fires, including those associated with climate change, and potentially susceptible to disease, with a low number of mature individuals in the wild. The instrument was developed following consultation with relevant stakeholders and scientific assessments, ensuring that the inclusion of this species in the Vulnerable category aligns with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The policy objective is to safeguard vulnerable species from extinction by providing them with the necessary protections under the EPBC Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a framework for the protection of the environment and the conservation of biodiversity, with a particular focus on threatened species. The Act mandates the Minister for the Environment to maintain a list of threatened species, which is divided into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (Philotheca papillata (284)) Instrument 2021 amends this list by including the species Philotheca papillata in the Vulnerable category, reflecting its susceptibility to high-frequency fires, climate change, and potential disease, coupled with its low number of mature individuals in the wild. This legislative instrument applies nationally across Australia and involves a rigorous process of assessment and consultation as stipulated in the EPBC Act, including a public consultation period of at least 30 business days. The instrument is made in accordance with the statutory requirements and does not conflict with any human rights as declared in international instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Act) governs the protection of the environment and biodiversity, including the listing of threatened species. Section 178(1) mandates the Minister to establish a list of threatened species, categorised into Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend the list by including species in accordance with Subdivision AA. The List of Threatened Species Amendment (Philotheca papillata (284)) Instrument 2021 amends the List by adding Philotheca papillata to the Vulnerable category, as this species faces a high risk of extinction due to factors like high-frequency fires and potential disease susceptibility.
The Act imposes obligations on the Minister to ensure that species listed as threatened meet specific criteria. Subsection 186(1) stipulates that a species cannot be included in the List unless the Minister is satisfied that it meets the eligibility criteria for the specified category. Subsection 179(5) further clarifies that a species is eligible for the Vulnerable category if it is not Critically Endangered or Endangered but faces a high risk of extinction in the medium-term future. Regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000 specifies the criteria for categorising species as Critically Endangered, Endangered, or Vulnerable. The Minister's decision to list Philotheca papillata was based on satisfying these criteria.
Under the Act, breaches of the provisions related to the listing and protection of threatened species may result in civil and criminal consequences. Although the specific penalties are not detailed in the explanatory statement, general provisions within the Act may include fines and imprisonment for violations related to the protection of listed species. These penalties are intended to enforce compliance with the Act's conservation objectives and to deter activities that threaten the survival of listed species. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader legislative framework.