Notification of disallowance - 11 December 2013

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, including threatened species and ecological communities. The House of Representatives, acting as part of the Australian Parliament, has the power to disallow certain legislative instruments made under the EPBC Act. In December 2013, the House of Representatives exercised this power to disallow two legislative instruments that sought to list specific wetlands and floodplains as threatened ecological communities. The disallowance was a response to the perceived need to review and potentially revise the criteria or scope of the proposed listings, ensuring that they align with broader policy objectives and stakeholder interests.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, a Commonwealth statute, governs the protection of biodiversity and the environment across Australia, applying to various persons, entities, industries, and conduct that could impact ecological communities. This legislation encompasses actions that could threaten listed threatened species, ecological communities, and heritage places, ensuring that environmental considerations are integrated into decision-making processes. The Act applies nationally, extending its reach to cover all territories and states within Australia. Notably, the disallowance notification in question, concerning the wetlands and inner floodplains of the Macquarie Marshes and the River Murray and associated wetlands, floodplains and groundwater systems, highlights a specific instance where the application of the Act was reviewed and disallowed by the House of Representatives. This disallowance indicates that certain listings of threatened ecological communities under the Act were not upheld, potentially impacting the regulatory framework for environmental protection in these areas.

Key Provisions

The key provisions of the Gazetted disallowance, as announced by the House of Representatives on 11 December 2013, pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the disallowance targets two listings of threatened ecological communities: the wetlands and inner floodplains of the Macquarie Marshes (section 181 of the EPBC Act) and the River Murray and associated wetlands, floodplains and groundwater systems from the junction with the Darling River to the sea (section 181 of the EPBC Act). This disallowance effectively means that these ecological communities will not be recognised as threatened under the EPBC Act (sections 181 and 183). The disallowance imposes specific obligations on parties and entities governed by the EPBC Act. These entities, which include federal and state governments, local authorities, and private landowners, are now relieved from the obligations to protect and manage these listed ecological communities as threatened under the EPBC Act. Consequently, they are no longer required to undertake the conservation measures and compliance protocols that would have been necessary had the listings remained in effect. In terms of potential offences and consequences, it is important to note that the disallowance itself does not create new offences or penalties. However, any actions taken under the mistaken belief that these communities were listed could potentially lead to legal consequences. For instance, if a party acted under the assumption that the ecological communities were protected and subsequently engaged in activities that contravened the EPBC Act, they could face criminal charges and penalties. The maximum penalties for offences under the EPBC Act can include substantial fines, imprisonment, or both, depending on the severity and nature of the offence. The specifics of these penalties are detailed in the relevant sections of the EPBC Act and can vary significantly based on the circumstances of the breach.