EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Sporobolus pamelae (261)) 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 Sporobolus pamelae in the Endangered category in the List.
This species is considered threatened by aquifer drawdown, grazing by cattle, pigs, and kangaroos, competition with introduced exotic pastures and excavation or capping of springs.
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(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 relevantly 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 Sporobolus pamelae 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 the Sporobolus pamelae as eligible for inclusion in the List in the Endangered category.
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 EPBC 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
(Sporobolus pamelae (261)) 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 Sporobolus pamelae 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 (Sporobolus pamelae (261)) Instrument 2021 was enacted to address the need to protect and conserve threatened species in Australia. This legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999, which is administered by the Parliament of Australia, to include Sporobolus pamelae in the Endangered category of the list of threatened species. The policy objective is to provide protection for species facing a very high risk of extinction in the wild in the near future due to threats such as aquifer drawdown, grazing by livestock, competition with exotic pastures, and the excavation or capping of springs. The amendment process involved consultation with the Threatened Species Scientific Committee and a public comment period, ensuring that the criteria for listing the species were met and that the decision was well-informed and transparent.
Scope and Application
The List of Threatened Species Amendment (Sporobolus pamelae (261)) Instrument 2021 amends the Environment Protection and Biodiversity Conservation Act 1999 by adding Sporobolus pamelae to the list of threatened species in the Endangered category. This legislation applies to all entities and individuals within Australia, including Commonwealth, state, and territory jurisdictions, who are involved in activities that may impact the listed species. The inclusion of Sporobolus pamelae in the Endangered category aims to protect it from threats such as aquifer drawdown, grazing by cattle, pigs, and kangaroos, competition with introduced exotic pastures, and excavation or capping of springs. The Minister for the Environment made this decision after satisfying the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, following consultations with the Threatened Species Scientific Committee and consideration of public feedback. The Instrument is a legislative instrument under the Legislation Act 2003 and commences the day after its registration. It is compatible with human rights as it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main operative sections of the List of Threatened Species Amendment (Sporobolus pamelae (261)) Instrument 2021 (F2021L01725) involve the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) list of threatened species to include Sporobolus pamelae in the Endangered category (section 178(1)). The Minister for the Environment is mandated by subsection 184(a) of the EPBC Act to amend the list through a legislative instrument. This amendment process was carried out in accordance with the criteria stipulated in the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulation 7.01), which sets out the conditions under which a species can be classified as endangered. This species was determined to be facing a very high risk of extinction in the wild in the near future due to factors such as aquifer drawdown, grazing, competition with introduced species, and excavation of springs.
The Act imposes specific obligations and requirements on the Minister for the Environment to ensure that the process for amending the list of threatened species is transparent and informed. Subsection 186(1) of the EPBC Act requires the Minister to be satisfied that a native species meets the eligibility criteria for inclusion in a particular category before it can be added to the list. This involves rigorous assessment by the Threatened Species Scientific Committee, which prepared a written assessment of the eligibility of Sporobolus pamelae. Public consultation, as required by subsection 194M(3) of the EPBC Act, was conducted for a minimum of 30 business days, and any relevant comments were considered in the decision-making process. Additionally, the Instrument notes the compatibility of the legislative changes with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Breaches of the provisions set out in the Environment Protection and Biodiversity Conservation Act 1999 can lead to significant legal consequences. The Act includes a range of offences related to the protection of threatened species, with penalties that can vary widely. For example, knowingly causing harm to a listed endangered species can result in fines of up to $222,200 for individuals and $1,111,000 for corporations, along with potential imprisonment. These penalties underscore the seriousness with which the Act treats the protection of endangered species and the importance of compliance with its provisions. The rigorous assessment and consultation processes, coupled with the potential for significant penalties, ensure that the Act effectively safeguards threatened species such as Sporobolus pamelae.