Amendment to the list of threatened species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (235)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L01581 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 (235)

 

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

 

The species being included in the List met the criteria for listing in the relevant category under the EPBC Regulations (see below).

 

Purpose of Instrument

 

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

 

  • Including Dendronepthya australis on the List in the Endangered Category

 

This species is threatened because of the species’ restricted geographic distribution and with a continuing decline in habitat and population numbers. Listing under the EPBC Act will 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(3) 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 very high risk of extinction in the wild in the near 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 paragraph 184(1)(aa), (b) or (d).

 

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 prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The Committee assessed the Dendronepthya australis as eligible for inclusion on the List in the Endangered 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 and 184(a) 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 (235)

 

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:

  • Include Dendronepthya australis in the Endangered category

 

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 (the Act) was enacted to safeguard the environment and conserve biodiversity, including the protection and conservation of threatened species. The Act empowers the Minister for the Environment to establish and amend a list of threatened species, divided into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. This legislative instrument amends the list of threatened species by adding Dendronepthya australis to the Endangered category. The decision to list this species was based on its restricted geographic distribution and the continuing decline in its habitat and population numbers, which place it at a very high risk of extinction in the wild in the near future. By listing the species under the Act, the government aims to protect it and enable investment in recovery actions. The amendment process involved consultation with the Threatened Species Scientific Committee and a public consultation period, ensuring that all relevant considerations were taken into account before the listing decision was made.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment and the conservation of biodiversity, including threatened species. The Act mandates the Minister for the Environment to establish a list of threatened species, which is divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. This legislation operates on a Commonwealth level, extending its reach across Australia to safeguard native species and their habitats. The Act requires that no native species be included on the threatened species list unless the Minister is satisfied that the species meets the eligibility criteria for its respective category. This instrument specifically amends the list by adding Dendronepthya australis to the Endangered category, reflecting its restricted geographic distribution and declining habitat and population numbers. The Minister's decision to include the species was based on advice from the Threatened Species Scientific Committee and after a public consultation period. The Act allows for further regulation and specification through subordinate instruments, ensuring flexibility and adaptability in managing threatened species.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment (F2020L01581) are sections 178 and 184(a), which provide the authority for the Minister to establish and amend the list of threatened species. Specifically, section 178(1) mandates the creation of a list of threatened species, which is divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend the list by including items within it, as long as the species meet the eligibility criteria set out in the Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The obligations and requirements imposed by this Act on the parties or entities it governs primarily pertain to the protection and conservation of threatened species. The Minister must ensure that the inclusion of a native species on the list is based on a thorough assessment, including advice from the Threatened Species Scientific Committee, and that the species meets the eligibility criteria for the relevant category. The Minister is also required to consult with the public and consider any relevant comments received during the consultation period. Furthermore, the Act mandates that the Minister must not include a native species on the list unless satisfied that it is eligible to be included in the particular category. The Act also outlines specific offences, penalties, and consequences for breaches. While the Explanatory Statement does not detail the specific penalties for violations related to the listing and protection of threatened species, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal penalties. Civil penalties can include substantial fines, and in some cases, criminal penalties can include imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any applicable state or territory laws. The Act's provisions are designed to ensure compliance with environmental protection and biodiversity conservation measures, thereby safeguarding threatened species and their habitats.

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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.