EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

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

(Issued under the Authority of the Minister for the Environment, Heritage and the Arts)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species.

The purpose of this instrument is to amend the list of threatened species under the Act in accordance with s184(1)(a), (d) and (c) of the Act by:

• including items Hybanthus cymulosus, Banksia fuscobractea, Gastrolobium luteifolium, Guichenotia seorsiflora, Eremophila rostrata and Eremophila sp. Koobabbie (R.J.Chinnock 9540) in the critically endangered category;
• updating the scientific name of the listed Drakonorchis barbarella (in the vulnerable category) to Caladenia barbarella; and
• transferring the updated Caladenia barbarella (above) and Pultenaea trichophylla from the vulnerable category to the endangered category.

Consultation on the nominations to amend the list of threatened species under the Act to include these species was undertaken before this legislative instrument was made, in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Environment Protection and Biodiversity Conservation Act 1999. The nominations were placed on public exhibition, and public comments were sought. Parties with relevant expertise were directly consulted regarding their views. Assessments and advice of the Threatened Species Scientific Committee (TSSC) were considered in relation to the amendments to include the above items and to update the scientific name of the above 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.