EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the lists of threatened species, threatened ecological communities and key threatening processes under sections 178, 181 and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (226)
Background
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 the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.
Section 184(d) of the Act provides that the Minister or delegate may, by legislative instrument, amend the List to correct an inaccuracy or update the name of a listed threatened species
Purpose of the instrument
The purpose of this Instrument is to amend the List by correcting and updating the scientific names of threatened species included in the List as set out below:
- Petrogale lateralis West Kimberley race to Petrogale lateralis kimberleyensis
- Tasmanipatus anophthalmus to Leucopatus anophthalmus
These name changes result from:
- taxonomic revision that has not altered the concept or description of the species
- description of a species.
Consultation
Consultation is not required under the Act prior to making the instrument.
While consultation was not required the Australian Biological Resources Study (ABRS) was consulted regarding the proposed changes. ABRS were supportive of the proposed changes.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the
Amendment to the lists of threatened species, threatened ecological communities and key threatening processes under sections 178, 181 and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (226)
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 Legislative Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) list of threatened species by updating the names of two fauna species under section 184(d) of the EPBC Act.
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. |