EXPLANATORY STATEMENT
(Issued under the Authority of the
Minister for Sustainability, Environment, Water, Population and Communities)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(a) and (c)
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 the conservation of biodiversity, including the protection and conservation of listed 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 of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List, delete an item from the List or, transfer an item from one category in the List to another category.
The process for making amendments to the List is set out in Subdivision AA of Division 1 of Part 13, of the Act.
The purpose of this Instrument is to amend the List by:
including in the critically endangered category:
- Caladenia lodgeana
- Galium antarcticum
- Corybas sulcatus
including in the endangered category:
- Grevillea corrugata
including in the vulnerable category:
- Pomaderris pilifera subsp. talpicutica
transferring from the vulnerable category to the endangered category:
- Dichanthium queenslandicum
- Eucalyptus alligatrix subsp. limaensis
- Homoranthus decumbens
transferring from the endangered category to the vulnerable category:
- Hypocalymma longifolium
Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Subdivision AA of Division 1 of Part 13 of the Act.
The Threatened Species Scientific Committee (the Committee) sought public comment on whether the species were eligible for inclusion in the particular categories of the List.
The period for public comment was at least 30 business days for each species, between October 2009 and December 2011. No comments were received. The Committee also consulted parties with relevant expertise, as well as Western Australia, Tasmania, Queensland and Victoria (being the relevant States in which the species are located), regarding their views.
The Committee prepared written assessments of whether the nominated species were eligible for inclusion in particular categories of the List. The written assessments were provided to the Minister and considered in relation to the making of the Instrument.
This 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.
Statement of Compatibility with Human Rights
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 (Cth). This Instrument does not engage any of the applicable rights or freedoms.
Authority: sections 184(1)(a) and (c) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).