EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Pycnoptilus floccosus (286)) 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 Pycnoptilus floccosus in the Vulnerable category in the List.
This species has undergone a substantial reduction in numbers and is considered threatened due to inappropriate fire regimes, increased frequency or length of droughts, temperature extremes, habitat loss and degradation and predation by cats and European foxes.
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 that 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 Pycnoptilus floccosus 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 Pycnoptilus floccosus 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 (Pycnoptilus floccosus (286)) 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 Pycnoptilus floccosus 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, with a particular focus on threatened species. In line with the EPBC Act, the List of Threatened Species Amendment (Pycnoptilus floccosus (286)) Instrument 2022 was introduced to address the decline in certain native species, specifically targeting the inclusion of Pycnoptilus floccosus in the Vulnerable category. This Instrument was formulated under the authority of the Minister for the Environment, in accordance with sections 178 and 184(a) of the EPBC Act, to amend the existing List of Threatened Species. The policy objective behind this amendment is to provide necessary protection to vulnerable species, ensuring their survival by addressing the threats they face, such as inappropriate fire regimes, droughts, habitat loss, and predation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection and conservation of biodiversity, including the management of threatened species across Australia. The Act applies to all individuals, corporations, and entities within Australia, regardless of whether their activities directly impact threatened species, as it encompasses a broad range of environmental protections that require compliance at the national level. The EPBC Act's jurisdictional reach is comprehensive, applying to all territories and states within Australia, thereby ensuring uniform standards for the conservation of biodiversity. The Act includes provisions for the establishment and amendment of a list of threatened species, managed by the Minister for the Environment, who is tasked with ensuring that species are listed according to their conservation status. The legislative instrument in question specifically amends the List of Threatened Species by including Pycnoptilus floccosus (286) in the Vulnerable category, reflecting its eligibility based on criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. This amendment process involves consultation with relevant scientific committees and public comment periods, ensuring that decisions are informed by expert assessments and community input. The instrument does not specify any exclusions or exemptions from its application but may be subject to further regulation through subordinate instruments, which can provide additional detail or modify the application of the Act in specific contexts.
Key Provisions
The key operative sections of the List of Threatened Species Amendment (Pycnoptilus floccosus (286)) Instrument 2022 (F2022L00220) include sections 178 and 184(a) of the Environment Protection and Biodiversity Conservation Act 1999 (Act). Section 178 requires the Minister to establish a list of threatened species, which is subdivided into 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 species within these categories through a legislative instrument. This Instrument specifically adds Pycnoptilus floccosus to the Vulnerable category on the List of Threatened Species, as it meets the criteria for listing in that category according to the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations).
The Act imposes specific obligations and requirements on the Minister to ensure that any amendments to the List are made in accordance with the prescribed criteria and processes. Subsection 186(1) of the Act mandates that the Minister must not include a native species on the List unless satisfied that it is eligible, which in the case of the Vulnerable category, means it faces a high risk of extinction in the wild in the medium-term future but is not critically endangered or endangered. Subsection 179(5) of the Act further provides that a species is eligible for the Vulnerable category if it meets the criteria set out in Regulation 7.01 of the Regulations. In this case, the Minister was satisfied that Pycnoptilus floccosus meets these criteria based on a comprehensive assessment process involving consultation with the Threatened Species Scientific Committee and public input.
The Instrument also outlines the consequences of breaches related to the protection of threatened species. Under the Act, unauthorised actions that harm listed species or their habitats may constitute offences, with potential penalties including fines and imprisonment. Specifically, Section 208 of the Act provides for penalties of up to five years imprisonment, or substantial fines, or both, for offences involving the harm of listed species. These provisions underscore the seriousness with which the Act treats the protection and conservation of threatened species, ensuring that those who breach these provisions face significant legal repercussions.
In summary, the List of Threatened Species Amendment (Pycnoptilus floccosus (286)) Instrument 2022 mandates the inclusion of Pycnoptilus floccosus in the Vulnerable category of the List of Threatened Species, imposes stringent criteria and processes for such amendments, and outlines severe penalties for breaches related to the harm of listed species. These measures are designed to protect and conserve vulnerable species, ensuring their survival and the preservation of biodiversity.