EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Stipiturus malachurus halmaturinus (297)) 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 Stipiturus malachurus halmaturinus in the Endangered category in the List.
This species is considered threatened by fire, climate change, habitat loss, degradation and modification, and invasive species.
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 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 Stipiturus malachurus halmaturinus 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 Stipiturus malachurus halmaturinus 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
(Stipiturus malachurus halmaturinus (297)) 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 Stipiturus malachurus halmaturinus 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 (Stipiturus malachurus halmaturinus (297)) Instrument 2021 is an amendment to the Environment Protection and Biodiversity Conservation Act 1999, which was enacted to address the need for the protection and conservation of biodiversity, including threatened species. This particular amendment was introduced to address the need for the inclusion of Stipiturus malachurus halmaturinus, also known as the Kangaroo Island malleefowl, in the list of threatened species under the Act. The purpose of the Instrument is to amend the list by adding this species to the Endangered category, recognising it as facing a very high risk of extinction in the wild in the near future due to threats such as fire, climate change, habitat loss, degradation and modification, and invasive species. The amendment process was overseen by the Minister for the Environment, who, in accordance with the provisions of the Act, was satisfied that the species met the criteria for listing in the Endangered category after considering the assessment by the Threatened Species Scientific Committee and public consultation. This legislative instrument aims to ensure the species receives the necessary protection to aid in its conservation.
Scope and Application
The List of Threatened Species Amendment (Stipiturus malachurus halmaturinus (297)) Instrument 2021 amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by including the species Stipiturus malachurus halmaturinus in the Endangered category of the list of threatened species. The Act applies to all persons, entities, industries, and transactions that affect the environment and biodiversity within Australia, both within and beyond Commonwealth areas. The instrument's amendment to the list is made under the authority provided by sections 178 and 184(a) of the Act, which mandates the establishment and amendment of the list of threatened species by the Minister. The instrument ensures compliance with the Environment Protection and Biodiversity Conservation Regulations 2000, particularly Regulation 7.01, which prescribes the criteria for categorising species as critically endangered, endangered, or vulnerable. There are no stated exclusions or exemptions in this specific instrument, but the broader Act may contain provisions that apply to certain activities under specific circumstances. The Act's application extends to the entire nation, including Commonwealth, state, and territory jurisdictions, ensuring a cohesive approach to environmental protection and biodiversity conservation.
Key Provisions
The main operative sections of this Instrument are 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, separated into different categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend the list by including items within it, provided the species meets the prescribed criteria. In this case, the Instrument includes Stipiturus malachurus halmaturinus in the Endangered category of the list, based on its vulnerability to threats such as fire, climate change, habitat loss, degradation, and invasive species.
The Act imposes several obligations and requirements on parties and entities it governs. Firstly, the Minister must be satisfied that the species meets the eligibility criteria for inclusion in the Endangered category, which includes not being critically endangered and facing a very high risk of extinction in the wild in the near future. This is in accordance with Regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations). Secondly, the Act requires the Minister to consult with relevant stakeholders, including the Threatened Species Scientific Committee, and consider any public comments received during the consultation period before making the amendment. This is outlined in Part 13, Division 1, Subdivision AA of the Act and was followed in the making of this Instrument.
The Act also outlines offences, penalties, or civil/criminal consequences for breach of its provisions. However, the specific penalties for contravening the Act’s provisions related to the protection of threatened species are not detailed within the text of this Instrument. Generally, under the Act, offences related to the unauthorised taking, harming, or trading of listed threatened species can attract substantial fines and/or imprisonment. For example, under section 331, a person who commits an offence against a provision of the Act that is punishable by imprisonment can be fined up to $222,200 and/or imprisoned for up to five years, or both, for a single offence. Additionally, corporations can be fined up to $1,111,000 for similar offences. The Act also allows for civil penalties, such as pecuniary penalties, for breaches of its provisions.