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 in Attachment A.
In Attachment A:
- ‘Current EPBC Act listed name’ refers to the name on the List before amendment; and
- ‘Updated EPBC Act listed name’ is the new name after the Instrument has taken effect.
These name changes result from:
- taxonomic revisions that have not altered the concept or description of the species;
- formal publication of species descriptions; and
- correction of species names.
As this Instrument only corrects inaccuracies and updates names in the List and does not make any substantial changes to the List, consultation was not required, however, consultation was undertaken with the Australian Biological Resources Study (ABRS).
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 in Attachment A.
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).
ATTACHMENT A
Amendments to EPBC Act listed threatened species
Listed threatened flora species
Current EPBC Act listed name | Updated EPBC Act listed name |
Acacia sp. Graveside Gorge (V.J.Levitzke 806) NT Herbarium (a shrub) | Acacia sp. Graveside Gorge (V.J.Levitzke 806) |
Amyema scandens | Amyema plicatula |
Caladenia fragrantissima subsp. orientalis | Caladenia orientalis |
Chamaesyce carissoides | Euphorbia carissoides |
Chamelaucium sp. Cataby (G.J.Keighery 11009) WA Herbarium (Griffin's Waxflower) | Chamelaucium sp. Cataby (G.J.Keighery 11009) |
Chamelaucium sp. C Coast Plain (R.D.Royce 4872) | Chamelaucium sp. C Coastal Plain (R.D.Royce 4872) |
Commersonia rosea (a plant) | Androcalva rosea |
Eremophila sp. Koobabbie (R.J.Chinnock 9540) | Eremophila koobabbiensis |
Grevillea brachystylis subsp. Busselton (G.J.Keighery s.n. 28/6/1985) (Large-flowered Short-styled Grevillea) | Grevillea brachystylis subsp. grandis |
Hydatella dioica | Trithuria occidentalis |
Melichrus sp. Gibberagee (A.S.Benwell & J.B.Williams 97239) | Melichrus sp. Gibberagee (Benwell 97239) |
Paracaleana dixonii Hopper & A.P.Br. nom. inval. | Paracaleana dixonii |
Pityrodia axillaris | Dasymalla axillaris |
Pterostylis sp. Eyre Peninsula (R.Bates 19474) | Pterostylis mirabilis |
Pterostylis sp. Flat Rock Creek (D.L.Jones 15873 & K.J.Fitzgerald) | Pterostylis vernalis |
Pterostylis sp. Halbury (R.Bates 8425) | Pterostylis lepida |
Pultenaea sp. Genowlan Point (NSW 417813) NSW Herbarium (Genowlan Point Pultenaea) | Pultenaea sp. Genowlan Point (NSW 417813) |
Rulingia sp. Trigwell Bridge (R.Smith s.n. 20/6/1989) | Commersonia erythrogyna |
Rulingia prostrata | Commersonia prostrata |
Rulingia procumbens | Androcalva procumbens |
Samadera sp. Moonee Creek (J.King s.n. 1949) | Samadera sp. Moonee Creek (J.King s.n. Nov. 1949) |
Thelymitra sp. Kangaloon (D.L.Jones 18108) (Kangaloon Sun-orchid) | Thelymitra kangaloonica |
Villarsia calthifolia | Ornduffia calthifolia |
Listed threatened fauna species
Current EPBC Act listed name | Updated EPBC Act listed name |
Advena campbellii campbellii (a snail) | Advena campbellii |
Gudeoconcha sophiae magnifica ms (a snail) | Gudeoconcha sophiae magnifica |
Lasionectes exleyi | Kumonga exleyi |
Nyctimystes dayi (Lace-eyed Tree Frog) | Litoria dayi |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including the protection and conservation of threatened species. This Act aims to maintain the ecological integrity of Australia's natural environment by listing threatened species and regulating activities that may harm them. Section 184(1)(d) of the Act empowers the Minister for the Environment or their delegate to amend the list of threatened species to correct inaccuracies or update the names of listed species. The explanatory statement outlines an instrument under this section that amends the list by updating the scientific names of certain threatened species due to taxonomic revisions, formal publication of species descriptions, and correction of species names. This legislative instrument does not alter the concept or description of the species but ensures the list reflects the most current scientific understanding. The amendments were made after considering advice from the Threatened Species Scientific Committee, ensuring that the updates align with the Act's policy objectives of maintaining accurate and relevant biodiversity conservation measures.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth Act that applies to all individuals, entities, industries, and transactions that may impact the environment, particularly matters of national environmental significance, and the conservation of biodiversity in Australia. This Act covers all species listed as threatened, including flora and fauna, within its jurisdiction, which spans across the entire country. The Act empowers the Minister for the Environment or their delegate to amend the list of threatened species to correct inaccuracies or update the names of species, as per section 184(1)(d). The legislative instrument under discussion specifically aims to correct and update the scientific names of threatened species, as listed in Attachment A, without altering the concept or description of the species, based on taxonomic revisions, formal publications, or corrections. This instrument does not require consultation unless there are substantial changes to the list, but advice from the Threatened Species Scientific Committee is mandatory under section 189(1) of the Act. The instrument came into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislative instrument pertain to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act), specifically section 184(1)(d) which allows the Minister or a delegate to amend the List of threatened species by legislative instrument. This particular instrument amends the List by correcting and updating the scientific names of threatened species, as detailed in Attachment A (section 184(1)(d)). These changes, which do not alter the concept or description of the species, include taxonomic revisions, formal publication of species descriptions, and corrections of species names. Such amendments ensure the List remains accurate and up-to-date.
The Act imposes certain obligations and requirements on the parties it governs, including the necessity for the rule-maker to obtain and consider advice from the Threatened Species Scientific Committee when deciding to amend the List (section 189(1)). This instrument reflects adherence to these obligations, as advice was sought from the Committee and subsequently considered. The Committee recommended the name changes as outlined in Attachment A. Furthermore, while this instrument corrects inaccuracies and updates names without making substantial changes to the List, it is still subject to the requirements of the Legislative Instruments Act 2003 (Cth), ensuring the legislative process is followed appropriately.
In terms of potential consequences for breaches, the Act does not explicitly detail offences, penalties, or consequences for non-compliance with the amendments made by this instrument. However, general provisions of the Act may imply that any actions contrary to the protection and conservation of threatened species could result in civil or criminal penalties. These could include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened. The maximum penalties for such breaches are not specified within this instrument but would be determined by the relevant courts based on the circumstances of each case.