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)(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 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 so as to include new species in the List or to transfer species into a different category of 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 Atalaya brevialata in the critically endangered category of the list.

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):

-          recommended the species for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2012, to which the Minister agreed;

-          sought public comment on the species.

The period for public comment was 30 business days from 3 December 2012 to 18 January 2013. No comments were received.

The Committee also consulted parties with relevant expertise regarding their views including the Northern Territory Government.

The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The written assessment was 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)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).