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 sections 178 and 184 of the Environment Protection and Biodiversity Conservation Act 1999 (223)

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.

Section 178 of the Act provides for a list of threatened species (the List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.

Section 184(a) of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List. Section 184(b) of the Act provides that the Minister may, by legislative instrument, amend the Lis, delete an item from the List. Section 184(c) of the Act provides that the Minister may amend the List to transfer items from one category in the List to another category in the List.

The species being included and transferred within the list met the criteria for listing in the relevant category under the EPBC Regulations.

Purpose of Instrument

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

• Including Acacia dangarensis, Pomaderris walshii and Zieria odorifera subsp.warrabahensis in the Critically Endangered Category

• Including Grevillea raybrownii and Helichrysum calvertianum in the Vulnerable category

• Transferring Zieria buxijugumI from the Endangered to the Critically Endangered category

• Removing Cajanus mareebensis from the list

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.

The Threatened Species Scientific Committee (the Committee):

• recommended the species for inclusion on the Finalised Priority Assessment List for the assessment periods commencing on 1 October 2017, 2018 or 2019 to which the Minister agreed.
• sought public comment on the species for at least 30 business days.

The Committee consulted parties with relevant expertise regarding their views including:

• relevant researchers from Australian universities
• relevant state and territory governments
• relevant non-government organisations.

The Committee prepared a written assessment of whether the nominated species were eligible for inclusion in the List. The written assessments and all comments received during the consultation period were provided to the Minister and considered in relation to the making of the Instrument.

In making this instrument, the Minister considered the Committee’s written assessments 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, 184(a), 184(b) and 184(c) of the Environment Protection and Biodiversity Conservation Act 1999.