EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 192
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 192 of the Act provides that the Minister may, by legislative instrument, amend the List if the Minister is satisfied that a native species that is listed in the extinct category has been definitely located in nature since it was last listed as extinct, the Minister may, under section 184, transfer the species from the extinct category to another category without considering advice from the Scientific Committee.
The purpose of this Instrument is to amend the List by:
- transferring Ptilotus pyramidatus from the extinct to the critically endangered category of the Act.
Background
The transfer results from the recent rediscovery of the species in the Perth metropolitan area The species is currently known from only one population consisting of three small clumps of individuals growing within a few metres of each other. As it is a rhizomatous species it is possible that these “clumps” could be interconnected and hence be one individual plant
Consultation
In accordance with section 192 of the Act consultation is not required to be undertaken before the Instrument was made. Although not required, consultation was undertaken in June 2013 with the Western Australian government and the Australian Biological Resources Study regarding confirmation of the rediscovery of the species.
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.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (145)
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.
Overview of the Legislative Instrument
The purpose of this Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species by transferring Ptilotus pyramidatus from the extinct to the critically endangered category of the list.
This species is being transferred as the species has been definitely located in nature since it was last listed as extinct.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for the Environment