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) and (c)

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 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 Part 13, Division 1, Subdivision AA of the Act.

The purpose of this Instrument is to amend the List by:

• including Pommerhelix duralensis in the list of threatened species in the endangered category.

• transferring Eucalyptus recurva in the list of threatened species from the endangered category to the critically endangered category:

Consultation

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 Pommerhelix duralensis and Eucalyptus recurva for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013, to which the minister agreed;

-          sought public comment on the species.

The period for public comment for Pommerhelix duralensis was 33 business days between 25 June 2014 and 8 August 2014. 14 comments were received. The period for public comment for Eucalyptus recurva was 31 business days between 8 May 2014 and 20 June 2014. Two comments were received.

The Committee also consulted parties with relevant expertise regarding their views including relevant state and territory governments, local councils and scientific experts.

The Committee prepared written assessments of whether the nominated species were eligible for inclusion in the List. The written assessments were provided to the Minister and considered in relation to the making of the Instrument.

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.

Authority: sections 184(1)(a) and (c) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).