EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 184(a)

(Issued under the Authority of the Minister for the Environment)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.

The purpose of this instrument is to amend the list of threatened ecological communities under section 181 of the Act in accordance with paragraph 184(a) of the Act by including in the list in the critically endangered category:

• River-flat eucalypt forest on coastal floodplains of southern New South Wales and eastern Victoria

as recommended by the Threatened Species Scientific Committee (the Committee), having regard to its eligibility for the critically endangered category under subsection 182(1) of the Act.

The Committee concluded that the River-flat eucalypt forest on coastal floodplains of southern New South Wales and eastern Victoria met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

• Criterion 1 as endangered because it has undergone a severe decline in geographic distribution;
• Criterion 2 as endangered because its geographic distribution is very restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the near future; and
• Criterion 4 as critically endangered because the reduction in integrity across most of its range is very severe as indicated by degradation of the community and disruption of important community processes, and restoration is unlikely within the immediate future.

On the basis of the assessment and advice of the Committee, I am satisfied that this ecological community is eligible to be included in the critically endangered category. In deciding to include it in the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community.

Consultation to amend the list of threatened ecological communities under the Act to include this ecological community was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. Draft assessments were placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were forwarded to the Committee and to me for consideration.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

The instrument will commence on the day after it is registered on the Federal Register of Legislation.