EXPLANATORY STATEMENT

(Issued under the Authority of the

Minister for Sustainability, Environment, Water, Population and Communities)

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 184(1)(a) and (c)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment 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 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 Part 13, Division 1, Subdivision AA of the Act.

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

including in the list in the vulnerable category:

Idiosoma nigrum

including in the list in the critically endangered category:

Leioproctus douglasiellus

Lysiosepalum abollatum

Muelleranthus crenulatus

Tetratheca nephelioides

transferring from the vulnerable to the critically endangered category of the list:

Banksia serratuloides subsp. perissa

transferring from the endangered to the critically endangered category of the list:

Banksia anatona

Banksia aurantia

Pezoporus wallicus flaviventris

transferring from the endangered to the vulnerable category of the list:

Eucalyptus beardiana

Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Part 13, Division 1, Subdivision AA 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 30 business days between March 2010 and November 2010. No comments were received. The Committee also consulted parties with relevant expertise and the Western Australian Government 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.

This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.