EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Prostanthera gilesii (264)) 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 Critically Endangered 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 Prostanthera gilesii in the Critically Endangered category in the List.
This species is considered threatened by adverse fire regimes, competition from weeds, disturbance from feral pigs, human visitation and soil pathogens.
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(3) of the Act provides that a native species is eligible to be included in the Critically Endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate 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 the species in the Critically Endangered 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 Prostanthera gilesii as eligible for inclusion in the Critically Endangered 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: Section 178 and paragraph 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 (Prostanthera gilesii (264)) 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 Prostanthera gilesii in the Critically Endangered 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 provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act empowers the Minister for the Environment to establish a list of threatened species, separated into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Pursuant to this authority, the Minister has introduced the List of Threatened Species Amendment (Prostanthera gilesii (264)) Instrument 2021, a legislative instrument aimed at addressing the gap in protection for specific species at risk of extinction. The Instrument seeks to include Prostanthera gilesii in the Critically Endangered category, reflecting its status as threatened by factors such as adverse fire regimes, competition from weeds, and human visitation, among others. The policy objective underpinning this legislative amendment is to provide enhanced protection for species facing an extremely high risk of extinction, thereby ensuring their conservation and the preservation of Australia's biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and persons, including individuals, corporations, and government authorities, and extends to the protection of biodiversity and threatened species across Australia. The Act is a Commonwealth law, meaning it has jurisdiction throughout the country and applies to all states and territories. The List of Threatened Species Amendment (Prostanthera gilesii (264)) Instrument 2021 specifically pertains to the inclusion of Prostanthera gilesii in the Critically Endangered category under the EPBC Act. This legislative instrument ensures that the Minister for the Environment must not include a species in the threatened list unless it meets the eligibility criteria as specified in the Environment Protection and Biodiversity Conservation Regulations 2000. The amendment process involves a thorough assessment by the Threatened Species Scientific Committee and mandatory public consultation to ensure transparency and inclusivity. This legislative instrument is compatible with human rights, as it does not engage with any of the applicable rights or freedoms recognised in international human rights instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Act) aims to protect the environment and conserve biodiversity, including the protection of threatened species. Section 178(1) of the Act mandates the Minister to establish a list of threatened species, categorising them into Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Pursuant to section 184(a), the Minister may, by legislative instrument, amend the list by including species that meet the criteria specified in the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations). The List of Threatened Species Amendment (Prostanthera gilesii (264)) Instrument 2021 amends the list to include Prostanthera gilesii in the Critically Endangered category, acknowledging the species' vulnerability to factors such as adverse fire regimes, competition from weeds, and human visitation.
The Act imposes several obligations on the parties and entities it governs. Section 186(1) stipulates that the Minister must not include a native species on the list in a particular category unless satisfied that it is eligible. Section 179(3) further clarifies that a native species is eligible for inclusion in the Critically Endangered category if it is facing an extremely high risk of extinction in the wild in the immediate future, determined by the prescribed criteria in Regulation 7.01 of the Regulations. The Minister must ensure that these criteria are met before including a species in the list, which was the case for Prostanthera gilesii as determined by the Threatened Species Scientific Committee.
Breaches of the provisions outlined in the Act can result in various consequences. While the Act itself does not specify particular offences, penalties, or civil/criminal consequences for failing to comply with its provisions, breaches of related environmental laws can lead to substantial penalties. For instance, the Environment Protection and Biodiversity Conservation Regulations 2000, which complement the Act, include provisions for civil and criminal penalties for actions that adversely affect listed threatened species. The maximum penalties for contravening these regulations can be significant, including substantial fines and, in severe cases, imprisonment. Therefore, compliance with the Act and its associated regulations is crucial to avoid these potential legal repercussions.