Amendment to the list of threatened species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (238)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L01565 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 (238)

 

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 Rhodamnia rubescens on the List in the Critically Endangered Category

 

 

This species is considered threatened due to severe infection from the exotic rust fungus Myrtle Rust (Austropuccinia psidii) affecting both mature individuals and seedlings.

 

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 critically 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 Critically 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 Rhodamnia rubescens as eligible for inclusion on the List in the Critically 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 (238)

 

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 Rhodamnia rubescens in the Critically 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), enacted by the Commonwealth Parliament, provides a framework for the protection of the environment and the conservation of biodiversity, including threatened species. The Act requires the Minister for the Environment to maintain 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 legislative instrument amends the list to include Rhodamnia rubescens in the Critically Endangered category, reflecting its severe threat due to the exotic rust fungus Myrtle Rust (Austropuccinia psidii). The decision to include this species was made after consultation with the Threatened Species Scientific Committee and public consultation, ensuring that all relevant criteria and considerations were taken into account in accordance with the Act’s provisions. The legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) encompasses a broad scope, extending to the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. Under this Act, the Minister is required to establish a list of threatened species, separated into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. This legislative framework applies to native species within the Commonwealth jurisdiction and extends to the conservation of ecosystems and habitats that are significant at a national or international level. The Act applies to various entities, including individuals, corporations, and government bodies, and governs conduct and transactions that may impact listed threatened species and their habitats. The geographic reach of the Act is national, with provisions that apply across the entire Commonwealth of Australia. The Act may be subject to exclusions or exemptions as specified in subordinate instruments or regulations, which may detail particular circumstances under which certain actions are not subject to the Act's provisions. In this instance, the legislative instrument amends the list of threatened species by including Rhodamnia rubescens in the Critically Endangered category due to severe infection from Myrtle Rust, following a process of consultation with the Threatened Species Scientific Committee and public comment.

Key Provisions

The main operative sections of this legislation pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 178 (1) mandates the Minister to establish a list of threatened species, divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act allows for amendments to this list, including the addition of species, through legislative instruments under section 184(a). This particular legislative instrument includes Rhodamnia rubescens in the Critically Endangered category, following the prescribed criteria outlined in the EPBC Regulations. The Act imposes several obligations on the Minister and other entities involved in the management and protection of threatened species. Under section 186(1), the Minister is required to ensure that any native species included on the List in a particular category is eligible for that category. Eligibility for the critically endangered category is determined by the species facing an extremely high risk of extinction in the wild in the immediate future, as outlined in regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000. The process for amending the List, as detailed in Part 13, Division 1, Subdivision AA of the EPBC Act, requires consultation with the Threatened Species Scientific Committee and public comment for a minimum of 30 business days. Breaches of the EPBC Act or its regulations may result in civil or criminal penalties, depending on the nature and severity of the offence. For instance, harming or interfering with a listed threatened species can lead to substantial fines and, in some cases, imprisonment. The specific penalties vary according to the type of offence and the circumstances, but the Act provides for significant deterrents to ensure compliance with its provisions. The inclusion of Rhodamnia rubescens in the Critically Endangered category underscores the seriousness with which the Act treats the conservation of threatened species, reflecting a commitment to their protection and recovery.

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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.