What is threatened species law?

The fundamental principal of threatened species law is that species have the right to exist.

Loss of habitat and human activity are the primary dangers to species survival. For threatened species law to be most effective, it must regulate threatened species protection as well as ecosystem conservation.

Why is it important?

The Commonwealth Environment Protection Biodiversity Conservation Act 1999 (Cth) creates certain categories for the protection of species.

The obligation to protect biological diversity was enshrined in the Convention on Biological Diversity 1992 (the Biodiversity Convention).

Among the many international law conventions to which Australia is a party, the following are most relevant to the protection of threatened species and their habitats.

• Bonn Convention
• CITES
• Apia Convention
• JAMBA, CAMBA
• Ramsar Convention
• International Whaling Convention
• Convention for the Conservation of Southern Bluefin Tuna
• Convention on the Conservation of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean 2000
• The Antarctic Treaty
• Antarctic Seals Convention

A more detailed summary of Australia's involvement in international protection of threatened species.

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBCA) is the principle means by which Australia's international obligations to preserve biodiversity are met.

Under the EPBCA, fauna, flora or fish species which are threatened nationally can be listed under the following categories: ‘extinct’, where there is no reasonable doubt that the last member of the species has died, ‘extinct in the wild’, where the species is not recorded in expected habitat, and is known only to survive in cultivation or captivity, ‘critically endangered’, with an extremely high risk of extinction in the wild, ‘endangered’, with a very high risk of extinction in the wild, ‘vulnerable’, with a high risk of extinction in the wild in the medium-term future, and ‘conservation dependent’, where the species will become vulnerable within 5 years if a current conservation plan ceases. Ecological communities can also be protected as critically endangered, endangered or vulnerable. Listed species found on Commonwealth land or waters are protected under the EPBCA via a permit system. It is an offence to kill, injure, damage or take listed species or ecological communities, migratory species or listed marine species without a permit, Ministerial approval or environmental impact assessment declaration.

Even if the threatened species or ecosystem is not on Commonwealth land or within Commonwealth waters, it may still be protected under State or Territory laws.

For more information see Commonwealth threatened species law.

The Flora and Fauna Guarantee Act 1988 (Vic) creates a ‘Threatened List’, which is a list of all threatened species and threatened ecological communities.

All wildlife is protected under the Wildlife Act 1975 (Vic), except for:

• pest animals declared under the Catchment and Land Protection Act 1994 (Vic),
• fish species as defined under the Fisheries Act 1995 (Vic), and
• wildlife declared to be unprotected wildlife in the Government Gazette.

Wildlife may also be declared to be ‘threatened’ wildlife in the Government Gazette. There are penalties for offences in relation to endangered or notable wildlife. These penalties are greater than offences for protected wildlife.

Other legislation affecting threatened species in Victoria include the:

• the Wildlife Act 1975 (Vic)
• the Flora and Fauna Guarantee Act 1988 (Vic)
• the National Parks Act 1975 (Vic)
• the Fisheries Act 1995 (Vic)
• the Forests Act 1958 (Vic)
• the Conservation, Forests and Lands Act 1987 (Vic)
• the Planning and Environment Act 1987 (Vic)
• the Environmental Effects Act 1978 (Vic)

For more detailed information see Biodiversity protection - Victoria.

Biodiversity protection - Australian Capital Territory

• the Nature Conservation Act 1980 (ACT)
• the Planning and Development Act 2007 (ACT)
• the Pest Plants and Animals Act 2005 (ACT)
• the Animal Diseases Act 2005 (ACT)
• the Animal Welfare Act 1992 (ACT)
• the Emergencies Act 2004 (ACT)
• the Fisheries Act 2000 (ACT)
• the Commissioner for the Environment Act 1993 (ACT)
• the Plant Diseases Act 2002 (ACT)

* EDO Australian Capital Territory

Biodiversity protection - Northern Territory

• the Territory Parks and Wildlife Conservation Act (NT)
• the Parks and Wildlife Commission Act (NT)
• the Pastoral Land Act (NT)
• the Fisheries Act (NT)

• EDO Northern Territory

Biodiversity protection - New South Wales

• the Threatened Species Conservation Act 1995 (NSW)
• the National Parks and Wildlife Act 1974 (NSW)
• the Environmental Planning and Assessment Act 1979 (NSW)
• the Fisheries Management Act 1994 (NSW)
• the Native Vegetation Act 2003 (NSW)

• EDO New South Wales

Biodiversity protection - Queensland

• the Nature Conservation Act 1992 (QLD)
• the Vegetation Management Act 1999 (QLD)
• the Wild Rivers Act 2005 (QLD)
• the Fisheries Act 1994 (QLD)
• the Plant Protection Act 1989 (QLD)
• the Integrated Planning Act 1997 (QLD)
• the Forestry Act 1959 (QLD)
• the Land Act 1994 (QLD)
• the Coastal Protection and Management Act 1995 (QLD)
• the Marine Parks Act 2004 (QLD)

• EDO Queensland

Biodiversity protection - South Australia

• the National Parks and Wildlife Act 1972 (SA)
• the Fisheries Management Act 2007 (SA)
• the Marine Parks Act 2007 (SA)
• the Environment Protection Act 1993 (SA)
• the Native Vegetation Act 1991 (SA)
• the Development Act 1993 (SA)
• the Wilderness Protection Act 1992 (SA)
• the Natural resources Management Act 2004 (SA)
• the Forestry Act 1950 (SA)
• the Mining Act 1971 (SA)

• EDO South Australia

Biodiversity protection - Tasmania

• the Nature Conservation Act 2002 (Tas)
• the National Parks and Reserves Management Act 2002 (Tas)
• the Threatened Species Protection Act 1995 (Tas)
• the Land Use Planning Approvals Act 1993 (Tas)
• the Environmental Management and Pollution Control Act 1994 (Tas)

• EDO Tasmania's Environmental Law Handbook
• EDO Tasmania

Biodiversity protection - Western Australia

• the Wildlife Conservation Act 1950 (WA)
• the Conservation and Land Management Act 1984 (WA)
• the Fish Resources Management Act 1994 (WA)
• the Environmental Protection Act 1986 (WA)
• the Land Administration Act 1997 (WA)
• the Bushfires Act 1954 (WA)

• EDO Western Australia

*No explicit categories in the Flora and Fauna Guarantee Act but species in all categories might be found in the threatened list

• Australian Government - Department of Environment, Water, Heritage and the Arts - ‘Threatened List’
• Victorian Government - Government Gazette

The structure and format of the above comparative analysis of biodiversity protection legislation in Australia is based on the ANEDO publication Disappearing Acts, A guide to Australia's Threatened Species Law.