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)

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(1) of the Act provides that the Minister may, by Legislative Instrument, amend the List.

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

adding to the conservation dependent category of the list:

• Centrophorus harrissoni.
• Centrophorus zeehaani

These species have undergone severe reductions in numbers and have been added to the conservation dependent category as they are to be managed according to the ‘Upper-Slope Dogfish Management Strategy’ (AFMA, 2012b) and the ‘NSW strategy to assist will the rebuilding of Harrisson’s and southern dogfish populations’ (NSWDPI, 2012), which collectively will provide for halting further decline and supporting recovery in order to maximise their chance of survival in nature, and this is likely to provide the best outcome for the species.

Section 189(1) of the Act requires that the Minister, when deciding whether to amend the List under section 184(1)(b) of the Act, obtain and consider advice from the Threatened Species Scientific Committee (the Committee) on the proposed amendment.

The Committee sought public comment on the proposed amendments to the List.

The period for public comment was at least 30 business days for each species, during October and November 2009. No comments were received. The Committee also consulted parties with relevant expertise, including relevant Commonwealth government authorities, and state governments, regarding their views.

The Committee prepared written assessments of whether the nominated species were eligible for inclusion in the List. The written assessments were provided to the Minister and considered in relation to the making of the Instrument.

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)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).