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 four threatened species as follows:

Acacia sp. Graveside Gorge (V.J.Levitzke 806) to Acacia equisetifolia

Habenaria macraithii to Habenaria maccraithii

Thalassarche nov. sp. Pacific Albatross to Thalassarche bulleri platei

Pseudocharopa lidgbirdi (Mount Lidgbird Charopid Snail) to Pseudocharopa ledgbirdi

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 identified 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).