EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Psophodes nigrogularis lashmari (299)) 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 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 Psophodes nigrogularis lashmari in the Endangered category in the List.
This species is considered threatened by fire, climate change and habitat loss, degradation and fragmentation.
Subsection 186(1) of the Act provides that the Minister must not include a native species in 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(4) of the Act provides that a native species is eligible to be included in the Endangered category at a particular time if, at that time, it is not critically endangered and it is facing a very high risk of extinction in the wild in the near 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 Psophodes nigrogularis lashmari in the 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 Psophodes nigrogularis lashmari as eligible for inclusion in the 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: 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 (Psophodes nigrogularis lashmari (299)) 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 Psophodes nigrogularis lashmari in the 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 List of Threatened Species Amendment (Psophodes nigrogularis lashmari (299)) Instrument 2021 was enacted under the Environment Protection and Biodiversity Conservation Act 1999 to address the need for the inclusion of the endangered species Psophodes nigrogularis lashmari into the national list of threatened species. The Minister for the Environment, the Hon Sussan Ley MP, was tasked with amending the list to better protect this species, which faces significant threats from fire, climate change, and habitat degradation. The Minister was satisfied that the requisite criteria were met, and thus, this legislative instrument was introduced to formalise the species’ inclusion in the Endangered category. Public consultation was undertaken, and the Threatened Species Scientific Committee assessed the eligibility of Psophodes nigrogularis lashmari for inclusion, ultimately recommending its listing. This legislative instrument 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) provides a framework for the protection of the environment and conservation of biodiversity in Australia. Under this Act, the Minister for the Environment has the authority to establish and amend a list of threatened species, which is further categorised into Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The List of Threatened Species Amendment (Psophodes nigrogularis lashmari (299)) Instrument 2021 amends the EPBC Act's list by including the species Psophodes nigrogularis lashmari in the Endangered category. This decision was made after thorough assessment and public consultation, considering the species' vulnerability to threats such as fire, climate change, and habitat loss. The Instrument applies nationally across Australia and adheres to the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The amendment is consistent with human rights as it does not engage any of the applicable rights or freedoms under the international instruments recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this instrument include sections 178 and 184(a). Section 178 requires the Minister to establish a list of threatened species, which is divided into various categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend this list by including items within it, as per the criteria set out in the Act. This instrument specifically seeks to include Psophodes nigrogularis lashmari in the Endangered category of the List, following the assessment that the species meets the criteria for such listing.
The obligations and requirements imposed by this Act on the parties or entities it governs include the necessity for the Minister to ensure that a native species is eligible for inclusion in the List in a particular category, as outlined in section 186(1) and 179(4). The criteria for eligibility, particularly for the Endangered category, are detailed in the Environment Protection and Biodiversity Conservation Regulations 2000, under Regulation 7.01. The process for amending the List, including the requirement for consultation and public comment periods as specified in subsection 194M(3), must be followed meticulously. The Threatened Species Scientific Committee plays a crucial role in assessing the eligibility of species for inclusion in the List and providing written assessments based on the consultation feedback.
The Act imposes significant consequences for breaches related to the protection of listed species. Subsection 186(1) ensures that only eligible species are included in the List, and failure to adhere to this requirement could result in legal repercussions. Additionally, the Act provides for offences and penalties for activities that harm listed species, including both civil and criminal penalties. While the specific penalties are detailed in the Regulations, the overarching aim is to enforce the protection and conservation of biodiversity, ensuring that species such as Psophodes nigrogularis lashmari are safeguarded against threats like fire, climate change, and habitat loss. Non-compliance with these provisions could lead to substantial penalties, reflecting the seriousness of biodiversity conservation under the EPBC Act.