In 1999, Robert Hill’s Environmental Protection and Biodiversity Act (EPBC Act) was enacted. One of its hard-fought provisions was that threatened species (and ecological communities) had to be considered as part of any development. Attached to the Act was a list of the species to be considered.
This original EPBC list was inherited from the former Australian and New Zealand Environment and Conservation Council. The Council created an amalgam of lists from the states and territories. Each list had a different level of skill and thoroughness in its making, and degree of sensitivity to local politics and special pleading.
Since then it has been managed by the Threatened Species Scientific Committee, a group of eminent biologists from around the country with expertise in different animal and plant groups. They advise the minister on what should be listed and what not.
However, though the committee has put in long hours, it is a cumbersome process, dependent in large part on ad hoc public submissions. Changes since the original composition of the list have been few compared to the number needed. There are still errors from the original list that fail to reflect real extinction risk.
The result is that the EPBC list looks quite different to the lists of Australian threatened species developed under the guidelines of the International Union for the Conservation of Nature (IUCN). Yet the IUCN Red List guidelines, refined over a 50 year period and applied globally, differ little from the criteria used for EPBC listing.
A recent review of the status of Australian birds shows the discord with current EPBC Act listing. The review concluded that 54 bird species or subspecies are missing from the EPBC Act list but meet the IUCN Red List criteria. That is, they merit listing but aren’t listed, and hence have no protection under the EPBC Act.
Another 22 bird species and susbpecies listed as threatened under the EPBC Act shouldn’t be – meaning that companies all over the country are put through hoops protecting species that aren’t threatened. And, because these are often relatively common, they make up most of the referrals for approval, absorbing vast amounts of company and public time and money.
Just 88 are listed as threatened on both lists, of which 45 have exactly the same status.
This high level of disagreement, between what is listed as threatened under the EPBC Act and what should be listed, is similarly evident in a recent (but not yet published) assessment of the status of Australian mammals.
So why the difference?
The principal reason is administrative inefficiency. The EPBC Act process is reactive and slow, based mostly on an annual set of public nominations of a small set of species, and a long assessment period.
Though not perfect, the Red List process is more systematic, with the status of some groups, such as birds and mammals, being reviewed globally every four years. While many plants, invertebrates and reptiles are reviewed less regularly or comprehensively, the review system is now considered good enough to allow assessment of species status to be used as a measure of progress against the Millennium Development Goals and the Convention for Biological Diversity – an approach recently applied to Australian birds.
In Australia, bird reviews are undertaken under the auspices of the NGO, BirdLife Australia. BirdLife Australia provides advice to the IUCN through a series of voluntary committees involving experienced ornithologists in each jurisdiction.
Involving BirdLife International, which is responsible for maintaining the Red List for birds, ensures consistency across the globe. The process is independent of government and tries to be as objective as possible, sometimes in the face of intense lobbying.
To their credit, the Threatened Species Scientific Committee is making renewed efforts to rationalise the EPBC list to reflect reality, but that too is proving arduous. However, a failure to do so risks losing the protections of the EPBC Act altogether.
The inconsistencies are certainly contributing to the push against “green tape” that might see all powers to protect species returned to the states. The list needs to be reliable and credible to be effective and to deliver conservation protection where it is most needed.
Over coming months we will be profiling Australia’s critically endangered animals. See the list here.
Chris McGrath
Senior Lecturer at University of Queensland
Thanks for a good article on this important topic Stephen and John.
You didn't mention the current Australian Senate review of the effectiveness of threatened species and ecological communities' protection in Australia, which will focus largely on the EPBC Act: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees?url=ec_ctte/threatened_species/index.htm
Submissions are due by next Friday, 14 December 2012.
I trust that you are going to make a submission to the review. Even just submitting a link to this article would be useful.
Stephen Garnett
Professor of Biodiversity and Sustainability at Charles Darwin University
You are quite right Chris. There was a link in https://theconversation.edu.au/saving-australian-endangered-species-a-policy-gap-and-political-opportunity-10914 and I would urge anyone with concern about this issue to make a submission to this Senate Review
Chris McGrath
Senior Lecturer at University of Queensland
I compliment the editors of this article for another fabulous choice of lead photograph. It is stunning as a piece of art and very apt for the subject matter of the article.
The high quality of photographs on The Conversation is a real feature of the site and complements the high quality of writing. Well done.
Mike Stevens
Conservationist (land manager) - private comments, own views
Great article however, no mention of the mis-alignment between EPBC listing and multiple individual state listings and the duplication of processes. This leads to inconsistent management, confusion and conflict when identifying priorities. Very frustrating as an end user.
Stephen Garnett
Professor of Biodiversity and Sustainability at Charles Darwin University
Thanks Mike - that was only because we lacked space. It is indeed a problem with which the TSSC is trying to deal. Western Australia and the Northern Territory have regular reviews using the IUCN Red List Criteria as a basis for their recommended listings. The other states and territories have far more ad hoc systems with lists often remaining wrong and unchanged for years. There are also different standards of precaution when it comes to listing, and often different scales with some states, such as New South Wales, listing many populations as threatened. Given that each state and territory has different legislation for protecting threatened speices, each with differing regulations, the result is an administrative mess. As with having an EPBC List that is outdated and incorrect, the confusion of state lists contributes to the disrespect for threatened species lists.
Stewart Macdonald
Ecologist
Great article, and very timely given the recent discussions regarding federal environmental law in Australia.
Just to be a pedant... 'Environmental' in the opening sentence should be 'Environment'.
Dingo Simon
Owner, Durong Dingo Sanctuary Qld
Gidday Stephen, I was wondering what your thoughts are on the Fraser Island dingo? A few 100 years ago there were over 1000 dingoes on the Island living with about 5000 aboriginal people so it has been said. In the past 20 years the Island has been managed by Qld QPWS, and by latest observations there seems to be less than 60 dingoes left. Many are being killed for just behaving like dingoes, and it seems the Rangers are wanting them to behave another way. Quite illogical I presume.
So it would appear these dingoes are heading towards extinction and the Govt does not seem to accept that.
Regards , Simon.
Jeremy Tager
Extispicist
There is very little about the processes for listing of threatened species that seems to work. Public nominations put the onus on communities to put together the data that justifies listing. Insufficient data - say for a new species, like the snub fin dolphin - will mean that it doesn't even get past the pre-listing phase. Once a species is put on the priority list, it will be formally considered by the threatened species committee...This can all take several years. Once listed, it is offered some…
Read moreStephen Garnett
Professor of Biodiversity and Sustainability at Charles Darwin University
Jeremy it is not all bad news. Many recovery plans have worked well, many animals and plants would be extinct were it not for the hard work and dedication of researchers and conservation managers, both government and non-government. Listing such species is an essential step along the way to recognising that there is a threat of extinction and doing something to prevent it. There certainly needs to be reform following COAG but it does not mean abandoing lists or recovery plans.
Also I would suggest…
Read moreMax Finlayson
Director, Institute for Land, Water and Society at Charles Sturt University
Stephen/John
Thanks for the article.
The seeming ineffectiveness of much of the bureaucratic process leads me to ask if we can follow the lead of other sectors of govenment and outsource the listing processes even further, to groups such as Birdlife Australia that have a national coverage, and cast the agencies (state/territory and federal) as recipients of the best available national list.
Stephen Garnett
Professor of Biodiversity and Sustainability at Charles Darwin University
To an extent this is happening Max. Both the Northern Territory and Western Australia have taken full account of the status of each taxon listed in the Action Plan for Australian Birds 2010. While the relevant committees in each state did not necessarily agree with the listings proposed, they did with most and provided reasined arguments for why they adopted a more or less cautious approach with a few taxa. The Commonwealth TSSC is, as noted in the article, also looking at ways of bring the national…
Read moreGary Goland
Gary Goland is a Friend of The Conversation.
Researcher
Hi everyone. Forgive my late catch-up with this article. The patchwork of data out there that so many different parties work with undermines any capacity to accurately understand the many changes occurring in our living environment. In the last couple of years I have been in touch with the people behind the Atlas of Living Australia. They are about developing a website that is able to connect many species databases both for academic and public use. If you are unaware, please be in touch with Canberra CSIRO or the Sydney museum.
The Atlas has delivered essential infrastructure and a suite of powerful tools to support research, natural resource management, policy and education; http://www.ala.org.au/
Keith Bradby, Director, Gondwana Link
Director
Stephen and Johns excellent article both highlights the current problems and suggests process improvements. For me Gary Goland's comment was equally important as it focused into the tools we need, and the fact that significant improvements are happening through web technology and their refinement and shared availability in the Atlas of Living Australia.
Like threatened species listings, large system based based program's such as Gondwana Link work across a plethora of local knowledge and the various individual, departmental, academic and organisational data bases, some freely shared and cooperatively improved, some jealously guarded. The technically efficient integration of all available ones in a nuetral portal like ALA has been a wonderful step forward for all the work we do, including but certainly not restricted to rare species work. All power to it!
Stephen Garnett
Professor of Biodiversity and Sustainability at Charles Darwin University
The ALA is certainly a wonderful initiative, and I would like to draw your attention to a fine application of it developed by Jeremy Vanderwal at James Cook University which allows users to comment on the validity of bird records and to explore how climate change is predicted to affect modelled distributions of climatic suitability http://spatialecology.jcu.edu.au/Edgar/.
I would, however, caution aginst indiscriminate use of such databases to assess trends in abundance or distribution of threatened species. In developing the Action Plans for Australian Birds we used the BirdLife Australia atlasses of Australian birds extensively. The bird atlas, and the ALA, are good at detecting trends in widespread taxa but have not been designed to assess trends in threatened species. Many of these require specialised monitoring which, even for one species, can differ with time of year, habitat, etc. For more cryptic taxa even more specialised tecniques are needed.
Gary Goland
Gary Goland is a Friend of The Conversation.
Researcher
Thank you for the feedback Stephen. I have no issue with what you point to at all. The essence of it is more information and localized data re the changes in habitat and occupancy, as we reflect on the status of an integrated living system. The ALA team are constantly reflecting on the value of what is delivered through the website, and altering its connections. You probably realize it is possible to work with them on dedicated projects that may be part of a particular research interest. I encourage it.
Jeremy Tager
Extispicist
Hi Steve
I understood Hugh's approach - and while in the absence of a political and financial commitment to protect species and habitat, this makes sense, it also involves a kind of surrender....a realistic one unfortunately. I am increasingly concerned that the entire approach of listing/recovery plans etc has created a situation where there is no sense of responsibility until the species or ecosystem is on a downward trajectory. Rather than promoting a way of thinking and living with our land and species in all places and times, we promote a management regime that says it's ok to sacrifice these things until a certain (almost arbitrary) threshold is crossed.
While I acknowledge that some species have done well after listing and recovery plan, this is not the rule but the exception.
Stephen Garnett
Professor of Biodiversity and Sustainability at Charles Darwin University
You are certainly right in that sense, Jeremy - the fact that species need listing at all is a recognition of failure. And keeping species just out of reach of threatened species criteria is hardly a measure of sustainable living. There is indeed a tendency to think that extinction prevention is the whiole of conservation rather than just one facet. On the other hand, if we allow species to slip into extinction unremarked and unmourned, there is no logical end point - so we continue to maintain the struggle for sustainability on multiple fronts.
Gary Goland
Gary Goland is a Friend of The Conversation.
Researcher
Support your comments here Jeremy. Why we need more data. Why we need a closer and timely connection to what is occurring. Resource through research projects are dependent on allocation of funding, and this is never enough, and never will be. Why there is added potential through community friends groups to work with the project leaders, and also to independently identify what is happening in their areas of interest. The ALA provides facility to unify these activities and interests.
Dingo Simon
Owner, Durong Dingo Sanctuary Qld
As I see it, at the end of the day it is the Govt's approval of development which actually destroys habitat that causes the downward spiral of a species. All because they are are chasing the almighty dollar.
So it obviously appears the Govt is financing the extinction of any animal in the name of so called progress ( because it is supposed to create more jobs?)
Insanity at it's best. We need more people to stop this.
As I said previously we have Qld LNP Govt Park Rangers on Fraser Island being paid to kill dingoes.
Where in the world do you see Park Rangers killing the animals they are supposed to be protecting ?
Hugh Possingham has been paid by the Qld Govt to oversee a report to be delivered to him from Ecosure about the demise of the FI Dingo due to Park Ranger Management.
Dingo Simon
Owner, Durong Dingo Sanctuary Qld
I have been advised by Prof. Possingham that he is not being paid for his services to the Dept. of Environment and Heritage Protection for him sitting on the Steering Committee to over see Ecosures Findings on the Fraser Island Dingo Management Strategy . FIDMS.
The Govt are also not subsidising his travel to all meetings.
All he has been offered is some free cups of Nescafe.
Personally I find this very offensive, that Department Ministers will use Scientists for advise on certain Environmental issues and don't pay them, where as Ecosure were paid for their work.
No none should have to work for free.