EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Platycercus elegans melanopterus (294)) 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 Platycercus elegans melanopterus in the Vulnerable category in the List.
This species is considered threatened by fires, climate change, habitat loss, degradation and modification and invasive species.
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 was met for including Platycercus elegans melanopterus 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 Platycercus elegans melanopterus 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
(Platycercus elegans melanopterus (294)) 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 Platycercus elegans melanopterus 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 List of Threatened Species Amendment (Platycercus elegans melanopterus (294)) Instrument 2021 is a legislative instrument introduced to address the need for the inclusion of Platycercus elegans melanopterus, commonly known as the Black-shouldered Rosella, into the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999. Enacted by the Parliament of Australia, this Instrument was developed to ensure the protection and conservation of species facing significant environmental threats such as habitat loss, degradation, fires, climate change, and invasive species. The policy objective of this legislation is to enhance biodiversity conservation efforts by providing specific protections to vulnerable species, thereby contributing to the broader goal of environmental sustainability as outlined in the Act. The Minister for the Environment was satisfied, following consultation with relevant scientific committees and public input, that the requisite criteria for listing the Black-shouldered Rosella as Vulnerable were met, thus facilitating its inclusion in the legislative list of threatened species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Act) provides a framework for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. Under this Act, the Minister for the Environment is authorised to establish and amend a list of threatened species, categorised into classes such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (Platycercus elegans melanopterus (294)) Instrument 2021 amends the List by including Platycercus elegans melanopterus in the Vulnerable category. This amendment is based on the species being at high risk of extinction in the wild due to factors such as fires, climate change, habitat loss, degradation, modification, and invasive species. The instrument ensures that the Minister is satisfied that the species meets the criteria for the Vulnerable category, as outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The amendment process included a public consultation period as required by the Act, allowing for relevant public comments to be considered by the Threatened Species Scientific Committee, whose assessment was instrumental in the Minister's decision-making process. This legislative instrument applies nationally across Australia, and its implementation is subject to the provisions of the Legislation Act 2003.
Key Provisions
The main operative sections of this Instrument, as referenced in the explanatory statement, are sections 178 and 184(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 178 mandates the Minister to establish a list of threatened species, while section 184(a) empowers the Minister to amend the list by including items within it, in accordance with the provisions of the Act and its regulations. This Instrument specifically aims to include Platycercus elegans melanopterus in the Vulnerable category of the threatened species list. The criteria for listing the species in the Vulnerable category were met under the Environment Protection and Biodiversity Conservation Regulations 2000, as stipulated in Regulation 7.01.
The obligations imposed on the parties and entities governed by this Act include ensuring that any actions taken do not threaten the survival of the listed species. This is particularly pertinent for Platycercus elegans melanopterus, now classified as Vulnerable. Entities such as businesses, government agencies, and individuals must comply with the requirements to protect this species from threats like fires, habitat loss, and invasive species. The Act requires that the Minister be satisfied, based on prescribed criteria, that the species is eligible for inclusion in the Vulnerable category before making amendments to the list. This involves detailed assessments by the Threatened Species Scientific Committee, which considers both scientific data and public comments.
The Act includes specific offences and penalties for breaches related to the protection of threatened species. For instance, harming or interfering with a listed species can result in substantial fines and imprisonment. Under the EPBC Act, penalties for offences involving threatened species can include fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment for up to five years. These stringent penalties underscore the importance of adhering to the Act’s provisions to protect vulnerable species such as Platycercus elegans melanopterus.
Additionally, the Act may also entail civil consequences for non-compliance, such as the requirement to restore affected habitats or compensate for environmental damage. The seriousness of these penalties reflects the legislative intent to enforce rigorous protection measures for threatened species, ensuring their conservation and preventing further decline. The combination of criminal and civil penalties aims to deter harmful activities and promote compliance with environmental protection laws.