When does the government intervene to protect endangered species from development?

In Plain English

The government steps in to protect endangered species when actions, like development, could significantly harm them. This protection is outlined in the Environment Protection and Biodiversity Conservation Act 1999. If a development is likely to have a major impact on a listed threatened species or ecological community, the person taking that action could face significant penalties, including hefty fines or even imprisonment. The level of protection depends on how endangered the species or community is, with stricter rules for those in more critical categories like "critically endangered" or "endangered".

Detailed Explanation

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a legal framework for the protection of threatened species and ecological communities. Several sections within the Act address actions impacting these protected entities:

  • Sections addressing threatened species and ecological communities:

    • The EPBC Act prohibits actions that have or are likely to have a significant impact on listed threatened species or ecological communities. This prohibition applies to species listed as extinct in the wild, critically endangered, endangered, or vulnerable. See Chunk 24.
    • The EPBC Act outlines civil penalties for taking such actions, with fines up to 5,000 penalty units for individuals and 50,000 penalty units for body corporates. See Chunk 24.
    • Section 18A of the EPBC Act establishes offences for actions resulting in a significant impact on a listed threatened species or ecological community. These offences carry a maximum penalty of 7 years imprisonment, a fine of 420 penalty units, or both. See Chunk 24. Strict liability applies to the element of the offence relating to the species being a listed threatened species or the community being a listed threatened ecological community.

  • Listing of threatened species and ecological communities:

    • The Minister must establish lists of threatened species and ecological communities, divided into categories such as critically endangered, endangered, and vulnerable. See Chunk 146 and Chunk 147.
    • The criteria for including a species or community in a particular category are based on the risk of extinction in the wild. For example, a species is eligible to be listed as critically endangered if it faces an extremely high risk of extinction in the wild in the immediate future. See Chunk 146 and Chunk 147.

  • Amending the lists:

    • The Minister can amend these lists to include, delete, or transfer items between categories. These amendments are made via legislative instruments. See Chunk 147.
    • Before including a native species in a category, the Minister must be satisfied that the species is eligible for that category. The Minister can only consider matters relating to the species' eligibility and the effect of the listing on the species' survival. See Chunk 147.

The government's intervention is triggered when a proposed development or action is likely to have a significant impact on a matter of national environmental significance (MNES), which includes listed threatened species and ecological communities. If such an impact is likely, the action requires referral to the Australian Government for assessment and approval under the EPBC Act. See Chunk 12.