EXPLANATORY STATEMENT

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

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Instrument under section 184(1)(d)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.

Section 178 of the Act provides for a list of threatened species (the List) separated into particular categories being extinct, extinct in the wild, critically endangered, endangered, vulnerable and conservation dependent.

Section 184(1)(d) of the Act provides for correcting an inaccuracy or updating the name of a listed species or ecological community.

The purpose of this Instrument is to amend the list by:

• correcting an inaccuracy by deleting 25 species from the endangered category which are duplicates due to not being removed when these species were included in the critically endangered category on 5th October 2001; and
• correcting an inaccuracy by amending the name of Arthrochilus huntianus supsp nothofagicola Myrtle Elbow Orchid to Arthrochilus huntianus subsp. nothofagicola in the critically endangered category.

Background

Section 178 of the EPBC Act provides that at the commencement of the EPBC Act the Minister must establish a list of threatened species, containing only the species contained in Schedule 1 of the Endangered Species Protection Act 1992 (Cth) (ESP Act) as in force immediately before the commencement of the EPBC Act.

At the commencement of the list on 16 July 2000, the following 25 species were included in the list in the endangered category: Argentipallium spiceri, Arthrochilus huntianus subsp nothofagicola, Caladenia anthracina, Caladenia campbellii, Caladenia lindleyana, Caladenia pallida, Caladenia saggicola, Caladenia sylvicola, Caladenia tonellii, Epacris stuartii, Euphrasia fragosa, Euphrasia gibbsiae subsp psilantherea, Genoplesium firthii, Lomatia tasmanica, Phebalium daviesii, Prasophyllum castaneum, Prasophyllum favonium, Prasophyllum milfordense, Prasophyllum olidum, Prasophyllum perangustum, Prasophyllum pulchellum D.L.Jones ms, Prasophyllum stellatum, Pterostylis commutata, Pterostylis wapstrarum and Tetratheca gunnii. On 5 October 2001 all 25 species were relisted in the critically endangered category but not removed from the endangered category. As a result, the species have been listed in two categories and require deletion from the endangered category.

When Arthrochilus huntianus subsp. nothofagicola was listed, a typographical error occured and it was incorrectly recorded as Arthrochilus huntianus supsp nothofagicola.

Consultation

In accordance with section 184(1)(d) consultation was not required to be undertaken before the instrument was made.

This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Instrument is taken to have commenced on 5 October 2001.

The retrospective commencement of this instrument does not contravene subsection 12(2) of the Legislative Instruments Act 2003 because it does not impose any detriment on a person, or remove any rights from a person, with retrospective effect.