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 (231)

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

The species being transferred to other category within the List (one mammal species) met the criteria for listing in the relevant category under the EPBC Regulations (see below).

Purpose of the instrument

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

• transferring Neophoca cinerea (Australian Sea Lion) within the List from the Vulnerable category to the Endangered category

This species is threatened because of a severe decline in the number of mature individuals, having declined by over 50 per cent over three generations. Transfer between categories in the List under the EPBC Act will continue to provide protection to the species and enable Commonwealth investment in recovery action.

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 179(4) of the Act provides that a native species is eligible to be included in the Endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.

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.

The Minister was satisfied the species being included on the List in the Endangered category on the List met the requisite criteria.

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 subsection 184(c).

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 eligibility of the species for listing or 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 was eligible for transferring within the List. The Committee assessed the Neophoca cinerea as eligible for transfer from the Vulnerable category to the Endangered category within the List.

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 and 184(c) of the Environment Protection and Biodiversity Conservation Act 1999.