Amendment to the list of threatened species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (231)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L01670 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 (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.

 

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 (231)

 

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:

  • Transfer one species from the Vulnerable category to the Endangered category (Neophoca cinerea, Australian Sea Lion))

The species being transferred within the list met the criteria for listing in the relevant category 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 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment and the conservation of biodiversity, including threatened species. This Act allows for the establishment and management of a list of threatened species, categorising them based on their conservation status. An amendment to this list was made through legislative instrument F2020L01670, introduced to address the decline of certain species. The instrument was authorised by the Minister for the Environment and follows the recommendations of the Threatened Species Scientific Committee, which was consulted as per the EPBC Act. The policy objective of this amendment is to ensure that species facing an extremely high risk of extinction in the wild receive the necessary protection and recovery efforts. The amendment involved transferring Neophoca cinerea, also known as the Australian Sea Lion, from the Vulnerable category to the Endangered category due to significant population decline.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection and conservation of biodiversity, including the listing of threatened species. This Act applies to individuals, entities, and industries involved in activities that may impact the environment or biodiversity in Australia, encompassing a broad spectrum of sectors such as agriculture, fisheries, mining, and forestry. The Act has national reach, applying across the Commonwealth of Australia, including its territories, and extends to offshore areas as specified under the Act. The Minister for the Environment has the authority to amend the list of threatened species by legislative instrument, as per sections 178 and 184(c) of the Act. This particular legislative instrument amends the list by transferring the Neophoca cinerea, or Australian Sea Lion, from the Vulnerable category to the Endangered category, reflecting its severe decline in numbers and increased risk of extinction. The amendment process involves consultation with the Threatened Species Scientific Committee and public consultation, ensuring that decisions are informed by scientific evidence and community input. This legislative instrument does not specify exclusions or thresholds but relies on subordinate instruments, such as the EPBC Regulations, to define criteria for listing species in various categories.

Key Provisions

The main operative sections of the legislation (F2020L01670) amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by transferring Neophoca cinerea, commonly known as the Australian Sea Lion, from the Vulnerable category to the Endangered category on the list of threatened species (sections 178 and 184(c)). The Minister for the Environment made this decision in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations). The transfer was based on the severe decline in the number of mature individuals of this species over three generations, indicating a heightened risk of extinction in the wild. The Act imposes specific obligations and requirements on the Minister for the Environment to ensure that any amendments to the list of threatened species are made in accordance with the prescribed criteria. This involves obtaining and considering advice from the Threatened Species Scientific Committee (Scientific Committee) and providing a public consultation period of at least 30 business days, as mandated by subsections 189(1) and 194M(3) of the EPBC Act. The Minister must also ensure that any species listed or transferred meets the eligibility criteria for the respective category, as outlined in section 179(4) of the Act and Regulation 7.01 of the EPBC Regulations. Breaches of the EPBC Act may result in various civil or criminal consequences. While the specific penalties for violations related to the listing of threatened species are not detailed in the explanatory statement, the Act generally provides for penalties that may include fines and imprisonment. For instance, section 506 of the EPBC Act stipulates that a person who contravenes certain provisions of the Act may be liable for a penalty of up to $222,200 for a corporation and $44,440 for an individual, reflecting the seriousness of actions that threaten the environment and biodiversity. Additionally, the Minister may also take enforcement actions to ensure compliance with the Act's provisions.

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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.