EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

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

(Issued under the Authority of the Minister for Environment Protection, 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), (b) and (c) of the Act by:

• deleting Acacia chinchillensis, Austrostipa nullanulla, Callistemon sp. Boulia (L.Pedley 5297), Dillwynia tenuifolia, Diuris sheaffiana, Eucalyptus blaxellii, Ipomoea sp. Stirling (P.K.Latz 10408), Pleurophascum occidentale, Pultenaea campbellii and Pultenaea stuartiana from the list in the vulnerable category.

• deleting Apatophyllum constablei from the list in the endangered category.

• including Phascogale pirata and Tyto novaehollandiae castanops (Tasmanian population) in the list in the vulnerable category.

• including Antipodia chaostola leucophaea, Ceyx azureus diemenensis, Prasophyllum pruinosum and Ricinocarpos brevis in the list in the endangered category.

• including Azorella macquariensis, Hibbertia tenuis, Leucopogon spectabilis, Pityrodia axillaris, Scaevola macrophylla and Verticordia apecta in the list in the critically endangered category.

• transferring Eucalyptus canobolensis 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.