EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Tarennoidea wallichii (304)) 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 Endangered category under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations).
Purpose of Instrument
The purpose of this Instrument is to amend the List by:
- Including Tarennoidea wallichii in the Endangered category in the List.
This species is considered threatened by habitat modification, inappropriate fire regimes, invasive species and severe weather.
Subsection 186(1) of the Act provides that the Minister must not include (whether as a result of a transfer or otherwise) a native species on the List in a particular category unless satisfied that the native species 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 Tarennoidea wallichii 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 Tarennoidea wallichii 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 (Tarennoidea wallichii (304)) 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 Tarennoidea wallichii 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 EPBC 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 provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. This legislation establishes a list of threatened species, which are categorised based on their level of threat, ranging from Extinct to Conservation Dependent. The EPBC Act empowers the Minister for the Environment to amend this list through legislative instruments to reflect the current conservation status of various species. The List of Threatened Species Amendment (Tarennoidea wallichii (304)) Instrument 2021 is an example of such an instrument, aimed at addressing the specific conservation needs of certain species by adjusting their category on the list. This amendment was introduced to include Tarennoidea wallichii in the Endangered category due to threats such as habitat modification, inappropriate fire regimes, invasive species, and severe weather. The process for amending the list involves consultation with relevant scientific committees and the public, ensuring that decisions are based on the most current and comprehensive scientific data available.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a foundational piece of legislation for the protection of the environment and conservation of biodiversity across Australia. This Act applies to all persons, entities, and industries within the Commonwealth, including territories, and mandates the protection and conservation of threatened species. The Act's reach is national, ensuring uniform protection across all states and territories. Specifically, the List of Threatened Species Amendment (Tarennoidea wallichii (304)) Instrument 2021 amends the EPBC Regulations to include Tarennoidea wallichii in the Endangered category, reflecting its vulnerability to threats such as habitat modification and invasive species. The instrument is made under the authority granted by sections 178 and 184(a) of the EPBC Act, and it extends the application of the Act by adding a new species to the list of those requiring protection. The process of amendment involves consultation as stipulated in Part 13, Division 1, Subdivision AA of the Act, ensuring public input and expert assessment before any changes are made. This legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main operative sections of the List of Threatened Species Amendment (Tarennoidea wallichii (304)) Instrument 2021 pertain to the addition of a specific species, Tarennoidea wallichii, into the Endangered category of the Environment Protection and Biodiversity Conservation Act 1999's (EPBC Act) list of threatened species. This addition is made under sections 178 and 184(a) of the EPBC Act, which allows the Minister to amend the list of threatened species by legislative instrument. This species, as per the instrument, is identified as facing a very high risk of extinction in the wild due to factors such as habitat modification, inappropriate fire regimes, invasive species, and severe weather conditions. The instrument formalises the species' inclusion in the Endangered category, aligning with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000.
The obligations imposed by the Act on parties or entities governed by it, particularly concerning the newly listed Tarennoidea wallichii, include adherence to the protections afforded to species listed under the EPBC Act. This encompasses measures to mitigate the risks of extinction by preventing or managing threats to the species and its habitat. Parties involved in activities that could potentially impact the species must ensure compliance with the Act and any associated regulations, which may include obtaining permits for actions that could affect the species or its habitat. This legal framework aims to safeguard the species from further decline and facilitate its recovery through conservation efforts.
The Act provides for both civil and criminal consequences for breaches, with specific offences outlined in the EPBC Act and associated regulations. For instance, offences against the provisions protecting listed threatened species can result in substantial penalties. Under the EPBC Act, individuals or entities found guilty of contravening provisions related to the protection of endangered species may face fines of up to $1.1 million or imprisonment for up to five years, or both, for serious offences. Additionally, corporations may incur even higher fines, with penalties reaching up to $5.5 million for breaches related to the protection of endangered species. These measures underscore the seriousness with which the Act treats the protection of threatened species and the importance of compliance to prevent further biodiversity loss.