EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Zephyrarchaea austini (290)) 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 Critically 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 Zephyrarchaea austini in the Critically Endangered category in the List.
This species is considered threatened due to fire, climate change, invasive species, habitat loss, disturbance and modifications and overabundant native 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(3) of the Act provides that a native species is eligible to be included in the Critically Endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate 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 were met for including Zephyrarchaea austini in the Critically 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 Zephyrarchaea austini as eligible for inclusion in the Critically 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
(Zephyrarchaea austini (290)) 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 Zephyrarchaea austini in the Critically 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 (Zephyrarchaea austini (290)) Instrument 2022 is a legislative instrument made under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It was introduced to address the need to include the critically endangered species, Zephyrarchaea austini, within the legislative framework for the protection of threatened species. This amendment was necessary to ensure the species receives appropriate legal protection under the Act, thereby safeguarding its survival against threats such as habitat loss, climate change, and invasive species. The instrument was developed in consultation with the Threatened Species Scientific Committee, which assessed the eligibility of the species for inclusion in the Critically Endangered category, based on the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister for the Environment, the Hon Sussan Ley MP, made this instrument in accordance with the authority provided by sections 178 and 184(a) of the Act, ensuring it aligns with the overarching policy objective of biodiversity conservation and environmental protection.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by the List of Threatened Species Amendment (Zephyrarchaea austini (290)) Instrument 2022, pertains to the protection and conservation of biodiversity, specifically including threatened species within Australia's jurisdiction. This Act applies to individuals, entities, and industries involved in activities that may affect threatened species, with a focus on ensuring compliance with conservation measures. The geographic reach of the Act extends across the Commonwealth, ensuring a unified approach to environmental protection and biodiversity conservation nationwide. The Instrument specifically amends the list of threatened species to include Zephyrarchaea austini in the Critically Endangered category, thereby applying stringent protective measures to this species. The Act's application is not restricted by specific exclusions or thresholds, but rather governed by the eligibility criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The Act's provisions may be further extended or specified through subordinate instruments, providing flexibility in implementing conservation measures.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertinent to this legislative instrument are sections 178 and 184(a), which mandate the establishment and amendment of the list of threatened species by the Minister. Section 178(1) requires the Minister to establish a list of threatened species, categorising them as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend this list through legislative instruments, including the addition of species to the list. This particular legislative instrument, List of Threatened Species Amendment (Zephyrarchaea austini (290)) Instrument 2022, aims to include Zephyrarchaea austini in the Critically Endangered category of the list.
The Act imposes specific obligations on the Minister when amending the list of threatened species. Subsection 186(1) stipulates that the Minister must not include a native species on the list in a particular category unless satisfied it is eligible. Eligibility for the Critically Endangered category, as per subsection 179(3) of the Act, requires that the species is facing an extremely high risk of extinction in the wild in the immediate future, determined according to the prescribed criteria in the Environment Protection and Biodiversity Conservation Regulations 2000. This legislative instrument follows the required process for consultation and assessment, as outlined in Part 13, Division 1, Subdivision AA of the Act, ensuring public notice and feedback are considered before any amendments are made.
In terms of consequences for breach, the Act does not explicitly outline specific civil or criminal penalties for failing to comply with the listing and categorisation requirements. However, broader environmental protections and penalties can be found within the Act, including fines and imprisonment for actions that threaten listed species or their habitats. The Regulations may also contain provisions for penalties related to non-compliance with the protection of listed species. The legislative instrument itself focuses on the procedural compliance and the Minister's satisfaction of the eligibility criteria rather than detailing specific penalties for non-compliance with the listing process.
The inclusion of Zephyrarchaea austini in the Critically Endangered category signifies a heightened focus on its protection due to significant threats such as fire, climate change, invasive species, habitat loss, disturbance, and modifications, as well as overabundant native species. The instrument ensures that these protections are legally recognised and enforceable, aiming to mitigate the risks facing this species through legislative means. The compatibility with human rights, as stated in the Statement of Compatibility with Human Rights, confirms that the legislative changes do not adversely affect any human rights or freedoms as recognised in international instruments.