Amendment to the list of threatened species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (246)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L00185 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 (246)

 

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 Galaxias tantangara in the List in the Critically Endangered Category

 

This species is threatened due to predation by invasive species and loss of instream and riparian habitat. 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 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(a).

 

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 Galaxias tantangara 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 (246)

 

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 Galaxias tantangara 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 (EPBC Act) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This Act, established by the Parliament of Australia, aims to create a comprehensive framework for managing environmental impacts and conserving biodiversity, including the protection of threatened species through the listing process. The Act includes a provision for the Minister to establish and amend a list of threatened species by legislative instrument, ensuring that species facing significant risks of extinction receive appropriate protection and recovery measures. This legislative instrument amends the list of threatened species by including Galaxias tantangara in the Critically Endangered category, recognising the threats posed by invasive species and habitat loss, and aiming to facilitate Commonwealth investment in recovery actions for this species. The amendment process involved consultation with the Threatened Species Scientific Committee and a public consultation period, ensuring that the decision to list the species was informed by scientific assessment and community input.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as the primary legislative framework for environmental protection and biodiversity conservation in Australia, encompassing the regulation of threatened species. This Act applies to individuals, entities, industries, and conduct that may impact the environment or biodiversity within Australia and its territories, including Commonwealth, state, and territory jurisdictions. The Act’s geographic reach is national, ensuring a unified approach to environmental protection across the country. Through the EPBC Act, the Minister for the Environment has the authority to establish and amend the list of threatened species, which includes categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act does not explicitly state exclusions or thresholds, but the inclusion of a species in any category requires a determination of eligibility based on specific criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The Act extends its application through subordinate instruments, such as regulations and guidelines, which provide further detail on the implementation and enforcement of the Act.

Key Provisions

The key provisions of this legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the amendment of the list of threatened species (section 178) by including the Galaxias tantangara in the Critically Endangered category (section 184(a)). This amendment is made pursuant to the prescribed criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000 (subsection 179(3) and Regulation 7.01), which determine the eligibility of species for inclusion in the List based on their risk of extinction in the wild. The decision to list the species was made after obtaining advice from the Threatened Species Scientific Committee and considering public comments received during the consultation period, as mandated by subsection 189(1) and subsection 194M(3) of the EPBC Act. The Act imposes several obligations on the Minister for the Environment in the process of amending the list of threatened species. Firstly, the Minister must ensure that any species included on the List is eligible based on the criteria set out in the EPBC Act and the Regulations. This involves a thorough assessment to confirm that the species faces an extremely high risk of extinction in the wild, which was demonstrated for the Galaxias tantangara. Secondly, the Minister is required to obtain and consider advice from the Threatened Species Scientific Committee, as stipulated in subsection 189(1) of the Act. This advice was instrumental in the decision to list the species. Additionally, the Minister must facilitate public consultation by making the proposed amendment and a consultation document available for a minimum of 30 business days, as per subsection 194M(3). This ensures transparency and public participation in the decision-making process. Failure to comply with the provisions of the EPBC Act and the associated Regulations can result in various legal consequences. For instance, if a person or entity engages in activities that are detrimental to a listed threatened species without the requisite approval or in violation of the Act, they may face civil or criminal penalties. Under the EPBC Act, the maximum penalty for a serious or repeated breach can be substantial, with fines reaching up to AUD 1.1 million for corporations and AUD 220,000 for individuals, as outlined in section 532. Additionally, criminal offences may lead to imprisonment, with the duration depending on the severity of the breach. These stringent measures are in place to enforce the protection of threatened species and to deter activities that could further endanger them.

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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.