Amendment to the list of threatened species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (229)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L01562 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

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

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment to the list of threatened species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (229)

 

Background

 

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.

 

Subsection 178(1) of the Act provides that the Minister must, by legislative instrument, establish a list of threatened species (the List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.

 

Paragraph 184(b) of the Act relevantly provides that the Minister may, by legislative instrument, amend the List referred to in section 178 by deleting items within the List in accordance with Subdivision AA.

 

The species being deleted in the List (one plant species and two amphibian species) did not meet the criteria for listing in any category under the EPBC Regulations (see below).

 

Purpose of the instrument

 

The purpose of this instrument is to amend the List by:

 

Deleting the following species from the List from the Endangered category:

 

  • Litoria nannotis (Waterfall Frog)
  • Litoria rheocola (Common Mistfrog)

 

Deleting the following species from the List from the Vulnerable category

 

  • Philotheca sporadica (Kogan Waxflower)

 

The Litoria nannotis, Litoria rheocola and Philotheca sporadica populations are currently stable and no adverse effects to their survival are expected by delisting these species.

 

Subsection 186(1) of the Act provides that the Minister must not include a native species on the List (whether as a result of a transfer or otherwise) in a particular category unless satisfied it is eligible to be included in that category.

 

Subsection 186(2B) of the Act provides that in deciding whether to delete a native species from a particular category (whether as a result of a transfer or otherwise), the only matters the Minister may consider are matters relating to whether the native species is eligible to be included in that category or the effect that inclusion is having, or could have, on the survival of the species.

 

Regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) relevantly provides that for subsection 179 of the Act, a native species is in the critically endangered, endangered or vulnerable category if it meets any of the five criteria for the category mentioned in the table to that provision.

 

Litoria nannotis, Litoria rheocola and Philotheca sporadica do not meet the criteria in any of the categories outlined in the table (Regulation 7.01 of the Regulations).

 

The Minister was satisfied the species being deleted from the List did not meet the requisite criteria for a threatened listing category and that the inclusion of the species in the list is not contributing, or will not contribute, to the survival of the species.

 

Consultation

 

The process for making amendments to the List to include or transfer an item is set out in Part 13, Division 1, Subdivision AA of the Act. Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act.

 

Subsection 189(1) provides that the Minister must obtain and consider advice from the Threatened Species Scientific Committee (the Scientific Committee), in deciding whether to make an amendment covered by paragraph 184(b).

 

Notice of the proposed amendment and a consultation document was made available for public comment for a minimum of 30 business days as required by subsection 194M(3). Any public comments received that were relevant to the survival of the species were considered by the Scientific Committee as part of the assessment process.

 

The Scientific Committee also conducted targeted consultation with relevant experts regarding their views including:

 

  • relevant researchers from Australian universities
  • relevant state and territory governments
  • relevant non-government organisations.

 

The Scientific Committee prepared a written assessment of whether the nominated species were eligible for deletion in the List. The Committee assessed the Litoria nannotis, Litoria rheocola and Philotheca sporadica as ineligible for inclusion on the List in any category.

 

In making this instrument, the Minister considered the Scientific Committee’s written assessment and the comments received during the consultation period in accordance with Part 13, Division 1, Subdivision AA of the EPBC Act.

 

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

 

The Instrument commences the day after registration.

 

Authority: sections 178,184(b) and 186(2B) of the Environment Protection and Biodiversity Conservation Act 1999.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Amendment to the list of threatened species made under section 178 of the
Environment Protection and Biodiversity Conservation Act 1999 (229)

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of this Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species to:

Deleting the following species from the List from the Endangered category:

 

  • Litoria nannotis (Waterfall Frog)
  • Litoria rheocola (Common Mistfrog)

 

Deleting the following species from the List from the Vulnerable category

 

  • Philotheca sporadica (Kogan Waxflower)

 

The species being removed from the List did not meet the criteria for listing in any of the relevant categories under the EPBC Regulations.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act establishes a legislative framework for the listing, protection, and management of threatened species, ensuring that appropriate measures are in place to safeguard these species and their habitats. In line with the policy objectives of the Act, the Minister for the Environment has the authority to amend the list of threatened species by legislative instrument, as provided under section 178 and 184(b) of the Act. This legislative instrument seeks to amend the list by deleting three species that no longer meet the criteria for listing in any of the relevant categories under the Act, reflecting the stable population status of these species and the absence of any adverse effects on their survival.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) aims to protect the environment and conserve biodiversity, including threatened species. The Act allows the Minister for the Environment to establish and amend a list of threatened species through legislative instruments. This particular instrument amends the list by deleting three species—Litoria nannotis, Litoria rheocola, and Philotheca sporadica—from the Endangered and Vulnerable categories. The deletions are based on the determination that these species no longer meet the criteria for threatened status and their populations are stable. The instrument applies to these specific species and follows the legal process outlined in the EPBC Act, including consultation with the Threatened Species Scientific Committee and public consultation. The instrument does not affect human rights, as it does not engage with any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) amends the List of threatened species by removing three species from their respective categories. Specifically, the Waterfall Frog (Litoria nannotis) and the Common Mistfrog (Litoria rheocola) are removed from the Endangered category, and the Kogan Waxflower (Philotheca sporadica) is removed from the Vulnerable category (sections 178 and 184(b) of the Act). This amendment is based on the determination that these species do not meet the criteria for threatened listing under the EPBC Regulations, and their populations are currently stable with no adverse effects expected to their survival. The Act imposes certain obligations on the Minister for the Environment in relation to the management of the List of threatened species. Under section 186(1), the Minister must not include a native species on the List unless satisfied it meets the eligibility criteria for a particular category. In the case of deletion, as provided under section 186(2B), the Minister must consider only the eligibility of the species and the potential effects on its survival. The instrument indicates that the Minister considered the advice from the Threatened Species Scientific Committee and public comments before making the decision to delist the species. There are no explicit offences, penalties, or consequences for breach detailed in the legislative instrument itself. However, the Act generally provides for enforcement mechanisms and penalties for non-compliance with its provisions. For instance, under section 509, there are potential civil and criminal penalties for actions that harm listed threatened species or their habitats. The maximum penalties can include substantial fines and imprisonment, depending on the severity and intent of the offence. The instrument does not detail specific penalties for this amendment but implies that any breach of the Act's requirements could result in the standard penalties outlined within the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.