EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (Zieria exsul (260)) 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 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 Zieria exsul (Banished Stink Bush) in the Critically Endangered category in the List.
This species is considered threatened by land clearing, fragmentation, inappropriate fire management, loss of genetic diversity, disturbance, weed invasion and hydrological changes.
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 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 Zieria exsul 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 Zieria exsul as eligible for inclusion in the List in the Critically 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 (Zieria exsul (260)) 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 Zieria exsul 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 Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, aims to safeguard the environment and biodiversity, including the protection and conservation of threatened species. This Act enables the Minister for the Environment to establish and amend a list of threatened species, categorising them based on their conservation status. The List of Threatened Species Amendment (Zieria exsul (260)) Instrument 2021 amends this list by including the Zieria exsul, also known as the Banished Stink Bush, in the Critically Endangered category. This decision was made following consultation with the Threatened Species Scientific Committee and public feedback, in line with the legislative processes outlined in the Act. The primary objective of this amendment is to address the threats facing Zieria exsul, such as land clearing, inappropriate fire management, and weed invasion, thereby enhancing the conservation efforts for this critically endangered species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This legislative instrument amends the EPBC Act by adding Zieria exsul, commonly known as the Banished Stink Bush, to the list of threatened species in the Critically Endangered category. This addition is pursuant to the authority granted under sections 178 and 184(a) of the EPBC Act. The inclusion is based on the species meeting specific criteria under the Environment Protection and Biodiversity Conservation Regulations 2000, which necessitate that the species face an extremely high risk of extinction in the wild in the immediate future. The amendment follows a public consultation process in line with the EPBC Act, during which relevant public comments were considered by the Threatened Species Scientific Committee, which recommended the species’ eligibility for inclusion in the Critically Endangered category. The Instrument does not extend or restrict the application of the EPBC Act beyond the specified criteria for threatened species listing and is compatible with human rights as it does not engage any applicable rights or freedoms.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 List of Threatened Species Amendment (Zieria exsul (260)) Instrument 2021 pertain to the inclusion of the species Zieria exsul in the critically endangered category of the threatened species list. This amendment is mandated under sections 178 and 184(a) of the Act, which allows the Minister to establish and amend the list of threatened species through legislative instruments. The inclusion of Zieria exsul in the critically endangered category follows a rigorous assessment process ensuring the species meets the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000, specifically Regulation 7.01, which outlines the eligibility criteria for the critically endangered, endangered, and vulnerable categories.
The Act imposes several obligations and requirements on the parties and entities it governs. The Minister for the Environment must ensure that any inclusion of a native species on the threatened species list is based on a thorough assessment that the species meets the criteria for the category in which it is listed. For Zieria exsul, this involved satisfying the criteria for the Critically Endangered category, which includes facing an extremely high risk of extinction in the wild in the immediate future. The process also requires public consultation as mandated by subsection 194M(3) of the Act, which stipulates that notice of the proposed amendment and a consultation document must be available for public comment for a minimum of 30 business days. Additionally, the Threatened Species Scientific Committee must prepare a written assessment of the species' eligibility for inclusion in the List, which was considered in making the Instrument.
There are civil and criminal consequences for breaches of the Environment Protection and Biodiversity Conservation Act 1999, though specific offences, penalties, or consequences are not detailed in the Explanatory Statement for this particular Instrument. Generally, the Act provides for a range of enforcement actions, including fines and imprisonment, depending on the nature and severity of the breach. For instance, under section 487 of the Act, a person who contravenes certain provisions of the Act can be subject to penalties, including fines of up to $66,000 for individuals and $330,000 for corporations, as well as imprisonment. The penalties can be more severe for offences that cause serious harm to the environment or biodiversity. The Act also allows for the recovery of costs incurred by the Commonwealth in taking enforcement actions against offenders.