EXPLANATORY STATEMENT
(Issued under the Authority of the
Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
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 of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List, delete an item from the List or, transfer an item from one category in the List to another category.
The process for making amendments to the List is set out in Part 13, Division 1, Subdivision AA of the Act.
The purpose of this Instrument is to amend the List by:
including in the list in the endangered category:
Genoplesium baueri
transferring from the endangered category to the critically endangered category of the list:
Phlegmariurus squarrosus
Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act.
The Threatened Species Scientific Committee (the Committee) sought public comment on whether the species were eligible for inclusion in the particular categories of the List.
The period for public comment for Genoplesium baueri was at least 30 business days between May and July 2013 and no comments were received. The period for public comment for Phlegmariurus squarrosus was 12 months between September 2011 and September 2012 one comment was received, the Committee considered this comments in making its recommendation the Minister. The Committee also consulted relevant state and territory governments regarding their views.
The Committee prepared written assessments of whether the nominated species were eligible for inclusion in the List. The written assessments and the received comment were provided to the Minister and considered in relation to the making of the Instrument.
This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.