EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(d)
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment, especially matters of national environmental significance, 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 particular categories being, extinct, extinct in the wild, critically endangered, endangered, vulnerable and conservation dependent.
Section 184(1)(d) of the Act provides that the Minister or delegate may, by legislative instrument, amend the List to correct an inaccuracy or update the name of a listed threatened species.
The purpose of this Instrument is to amend the List by correcting and updating the scientific names of threatened species included in the List as set out below:
- Aponogeton sp. Innisfail (Innisfail live-bearing) to Aponogeton prolifer
- Brachychiton sp. Ormeau (L.H.Bird 435851) to Brachychiton sp. Ormeau (L.H.Bird AQ435851)
- Chamelaucium sp. C Coastal Plain (R.D.Royce 4872) to Chamelaucium sp. S coastal plain (R.D.Royce 4872)
- Lewinia pectoralis clelendi to Lewinia pectoralis clelandi
- Limonium baudinii to Limonium australe var. baudinii
- Melaleuca deanei F.Muell to Melaleuca deanei
- Miniopterus schreibersii bassanii to Miniopterus orianae bassanii
- Muehlenbeckia horrida subsp. abdita to Duma horrida subsp. abdita
- Pteropus melanotus natalis to Pteropus natalis
- Rhinolophus philippinensis (large form) to Rhinolophus robertsi
- Thelymitra manginii K.Dixon & Batty ms. to Thelymitra dedmaniarum
- Verticordia staminosa subsp. cylindracea var. cylidracea to Verticordia staminosa var. cylindracea
These name changes result from: correction of orthographic errors; taxonomic revisions that have not altered the concept or description of the species; and formal publication of species descriptions.
Consultation is not required under the EPBC Act prior to making the instrument. Section 18(2)(a) of the Legislative Instruments Act 2003 states that consultation is considered unnecessary for ‘an instrument that is of a minor or machinery nature and that does not substantially alter existing arrangements’. As this Instrument only corrects inaccuracies by correcting the names in the List and does not make any substantial changes to the List, consultation was not undertaken.
While consultation was not required, the Australian Biological Resources Study (ABRS) was consulted regarding the proposed changes.
Section 189(1) of the Act requires the rule-maker, when deciding whether to amend the List under section 184(1)(d) of the Act, to obtain and consider advice from the Threatened Species Scientific Committee on the proposed amendment. That advice was sought and considered prior to the making of the Instrument. The Committee agreed to recommend the name changes as set out above.
The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Authority: Section 184(1)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
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, threatened ecological communities and key threatening processes under sections under section 178, 181 and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (186) 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 Legislative Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) list of threatened species by updating the names of 4 fauna species and 8 flora species pursuant to section 184(1)(d) of the EPBC Act. These name changes are to correct inaccuracies or update the names of listed threatened species.
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.
Geoff Richardson Delegate for the Minister for the Environment
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