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. Pursuant to the authority granted under the EPBC Act, the Minister for the Environment has introduced the List of Threatened Species Amendment (Synemon plana (276)) Instrument 2021, which aims to address the issue of species classification within the EPBC Act's list of threatened species. This amendment involves transferring the Synemon plana species from the Critically Endangered category to the Vulnerable category based on an assessment by the Threatened Species Scientific Committee. The policy objective of this amendment is to ensure that species are accurately classified according to their conservation status, which in turn facilitates the implementation of appropriate conservation measures. The Instrument was developed following a consultation process that included a public comment period and consideration of the Committee's assessment. The Minister's decision to amend the list is grounded in the satisfaction that Synemon plana meets the criteria for inclusion in the Vulnerable category, reflecting a high risk of extinction in the medium-term future. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and persons, including the Commonwealth, its agencies and instrumentalities, corporations, individuals, and non-government organisations, to protect and conserve biodiversity and threatened species. This Act operates on a national scale across Australia, with the aim of ensuring comprehensive environmental protection. The List of Threatened Species Amendment (Synemon plana (276)) Instrument 2021 amends the EPBC Act by transferring Synemon plana from the Critically Endangered category to the Vulnerable category within the list of threatened species. This adjustment was made following an assessment by the Threatened Species Scientific Committee, considering the species' eligibility under the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The Instrument follows the legislative process outlined in the EPBC Act, including a public consultation period, and is consistent with human rights as it does not impact any applicable rights or freedoms. The Minister for the Environment made the decision in accordance with the statutory requirements, ensuring that the amendment aligns with the objectives of the EPBC Act.

Key Provisions

The key provision of the Environment Protection and Biodiversity Conservation Act 1999 List of Threatened Species Amendment (Synemon plana (276)) Instrument 2021 involves the amendment of the List of Threatened Species under the Act by transferring Synemon plana from the Critically Endangered category to the Vulnerable category (section 178 and 184(c) of the Act). This transfer was made in accordance with the prescribed criteria under the Environment Protection and Biodiversity Conservation Regulations 2000 and after consultation with the Threatened Species Scientific Committee and public comment period as required by the Act (subsection 194M(3)). The Minister for the Environment was satisfied that Synemon plana meets the criteria for inclusion in the Vulnerable category, as it faces a high risk of extinction in the medium-term future due to factors such as habitat loss, invasive species, and climate change. The Act imposes certain obligations and requirements on the parties and entities it governs. Firstly, the Minister for the Environment must establish a list of threatened species separated into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent (subsection 178(1) of the Act). Secondly, the Minister must not include a native species on the List in a particular category unless satisfied it is eligible to be included in that category (subsection 186(1) of the Act). Thirdly, native species are eligible to be included in the Vulnerable category if they meet the criteria set out in the Regulations (subsection 179(5) of the Act and Regulation 7.01 of the Regulations). The Act also sets out the potential offences, penalties, and consequences for breach of its provisions. However, the Explanatory Statement does not provide specific details on the maximum penalties for breach of the Act. It is essential to consult the primary legislation and relevant case law to determine the potential consequences for non-compliance with the Act. It is important to note that the Act and its associated Regulations are subject to change, and it is the responsibility of the affected parties and entities to stay informed about any updates or amendments. In summary, the Environment Protection and Biodiversity Conservation Act 1999 List of Threatened Species Amendment (Synemon plana (276)) Instrument 2021 transfers Synemon plana from the Critically Endangered category to the Vulnerable category in the List of Threatened Species. The Act imposes obligations and requirements on the Minister for the Environment, and potential consequences exist for non-compliance with its provisions. However, the specific maximum penalties for breach are not outlined in the Explanatory Statement.