EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Potorous tridactylus trisulcatus (287)) Instrument 2022
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 Potorous tridactylus trisulcatus in the Vulnerable category in the List.
This species is considered threatened due to it having undergone a substantial reduction in numbers and is threatened by inappropriate fire regimes, invasive and domestic species, climate change, habitat loss and degradation and disease.
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 Potorous tridactylus trisulcatus 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 Potorous tridactylus trisulcatus as eligible for inclusion in the Vulnerable category in the List.
In making this Instrument, the Minister considered the Committee’s written assessment and any 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 (Potorous tridactylus trisulcatus (287)) Instrument 2022 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 Potorous tridactylus trisulcatus the in 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 safeguard the environment and conserve biodiversity, including the protection and conservation of threatened species. Under this Act, the Minister for the Environment has the authority to establish and amend 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 (Potorous tridactylus trisulcatus (287)) Instrument 2022 was introduced to address the need for the inclusion of the Potorous tridactylus trisulcatus, commonly known as the long-nosed potoroo, in the Vulnerable category of the threatened species list. This addition was necessitated by the species' substantial population decline and its susceptibility to various threats such as inappropriate fire regimes, invasive species, climate change, habitat loss, degradation, and disease. The instrument was made by the Minister for the Environment after consultation with the Threatened Species Scientific Committee and public comments, and it is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity conservation in Australia, including the conservation of threatened species. This legislative framework is designed to safeguard native species and their habitats, ensuring their survival and recovery. The EPBC Act applies to all persons and entities within the Commonwealth jurisdiction, encompassing industries and activities that may impact protected species or their habitats. The Act is national in scope, applying across all states and territories of Australia. The List of Threatened Species, established and amended under the Act, includes various categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. This Instrument specifically amends the List by including Potorous tridactylus trisulcatus in the Vulnerable category, acknowledging its high risk of extinction due to several factors including habitat loss and climate change. The Minister's decision to include the species was made following a thorough assessment by the Threatened Species Scientific Committee and a public consultation process, ensuring all relevant inputs were considered. The Act allows for further regulation and detailed criteria to be set through subordinate instruments, such as the Environment Protection and Biodiversity Conservation Regulations 2000, which provide the specific criteria for listing species in the various categories.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Act) governs the protection of the environment and biodiversity conservation, including the protection of threatened species (section 3(1)). Under section 178(1) of the Act, the Minister must establish a list of threatened species, divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Minister has the authority, under section 184(a), to amend the List by including items, such as threatened species, through legislative instruments. The List of Threatened Species Amendment (Potorous tridactylus trisulcatus (287)) Instrument 2022 amends the List by including Potorous tridactylus trisulcatus in the Vulnerable category (regulation 1). This species has faced a substantial reduction in numbers and is threatened by various factors including inappropriate fire regimes, invasive and domestic species, climate change, habitat loss and degradation, and disease (regulation 2).
The Act imposes several obligations on the parties and entities it governs. The Minister must not include a native species on the List unless satisfied it is eligible to be included in a particular category (subsection 186(1)). For a native species to be included in the Vulnerable category, it must not be critically endangered or endangered and must be facing a high risk of extinction in the wild in the medium-term future, as determined in accordance with the prescribed criteria (subsection 179(5)). The Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) detail the criteria for listing a species in the critically endangered, endangered, or vulnerable category (regulation 7.01). The Minister must consider any relevant public comments and the assessment of the Threatened Species Scientific Committee before making an amendment to the List (subsection 194M(3)).
Under the Act, offences and penalties for breaches related to threatened species include fines and imprisonment. For example, section 477 imposes penalties for offences against threatened species, with penalties varying depending on the severity of the offence. Maximum penalties can include substantial fines and imprisonment for up to five years for serious breaches, reflecting the importance of protecting threatened species and their habitats. Other sections, such as section 478, also provide for civil penalties for breaches of certain provisions, further emphasising the legal framework's commitment to biodiversity conservation and environmental protection.