EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment
(Zoothera lunulata halmaturina (315)) 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(c) of the Act relevantly provides that the Minister may, by legislative instrument, amend the List referred to in section 178 by transferring items within the List in accordance with Subdivision AA.
The species being transferred to another category 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:
- Transferring Zoothera lunulata halmaturina by deleting it from the Vulnerable category in the List and including it in the Endangered category in the List.
This species is considered threatened due to fire, habitat loss and degradation, climate change, predation and resource competition.
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 transferring Zoothera lunulata halmaturina to 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 transferring within the List. The Committee assessed Zoothera lunulata halmaturina as eligible for transfer from the Vulnerable category to 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(c) 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
(Zoothera lunulata halmaturina (315)) 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: - Transfer Zoothera lunulata halmaturina by deleting it from the Vulnerable category in the List and including it in the Endangered category in the List.
The species being transferred 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) serves to safeguard Australia's environment and biodiversity, including the protection and conservation of threatened species. This Act empowers the Minister for the Environment to establish and maintain a list of threatened species through legislative instruments, which includes categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The purpose of the List of Threatened Species Amendment (Zoothera lunulata halmaturina (315)) Instrument 2022 is to amend the EPBC Act's List by transferring Zoothera lunulata halmaturina from the Vulnerable category to the Endangered category. This transfer recognises the species' vulnerability to threats including habitat loss, degradation, fire, climate change, predation, and resource competition. The Minister was satisfied that Zoothera lunulata halmaturina met the criteria for inclusion in the Endangered category, having undergone assessment by the Threatened Species Scientific Committee and following public consultation. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and conservation of biodiversity in Australia, including the protection and conservation of threatened species. The List of Threatened Species Amendment (Zoothera lunulata halmaturina (315)) Instrument 2022 amends this list by transferring the subspecies Zoothera lunulata halmaturina from the Vulnerable category to the Endangered category, recognising its heightened risk of extinction due to factors such as fire, habitat loss, climate change, predation, and resource competition. The Instrument applies to this specific species, reflecting the Commonwealth's jurisdictional reach over matters related to biodiversity conservation and the environment. The transfer process involved public consultation and assessment by the Threatened Species Scientific Committee, ensuring compliance with the EPBC Act's requirements. The Instrument does not create any exclusions or exemptions but does rely on subordinate instruments such as the Environment Protection and Biodiversity Conservation Regulations 2000 for the criteria governing species classification. The Minister's decision to transfer Zoothera lunulata halmaturina was made in accordance with the EPBC Act, ensuring the legislative instrument is compatible with human rights as it does not engage any applicable rights or freedoms.
Key Provisions
The main operative sections of the List of Threatened Species Amendment (Zoothera lunulata halmaturina (315)) Instrument 2022 (the Instrument) are sections 2 and 3. Section 2 provides for the amendment of the List of Threatened Species by transferring Zoothera lunulata halmaturina from the Vulnerable category to the Endangered category. This is done by deleting the species from its current listing and adding it to the Endangered category (section 2(1)(a) and (b)). Section 3 provides for the commencement of the Instrument, which is the day after registration (section 3).
The Instrument imposes obligations on the Minister for the Environment to ensure the protection and conservation of the listed species, Zoothera lunulata halmaturina, by amending its category in the List of Threatened Species. The Minister must be satisfied that the species meets the criteria for listing in the Endangered category, as set out in the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations). This includes considering any relevant public comments received during the consultation period and the assessment of the Threatened Species Scientific Committee. The Minister must also ensure that the requisite criteria, as outlined in section 179(4) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), are met before including the species in the Endangered category.
The Instrument does not explicitly outline any offences, penalties, or consequences for breach. However, the Act provides for various offences and penalties related to the protection of threatened species. For example, section 212 of the Act makes it an offence to take, harm, or interfere with a listed threatened species, with penalties including fines and imprisonment. Additionally, section 208 of the Act imposes civil penalties for the contravention of certain environmental protection and biodiversity conservation requirements, which may include the protection of listed threatened species. The maximum penalties for these offences may vary depending on the specific provisions of the Act and any relevant regulations.