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 (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:

• inserting Prasophyllum laxum in the list of threatened species in the critically endangered category.

Consultation

Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act (in relation to the listing transfer of species between categories in the List).

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 2013.

-          sought public comment on the species

The period for public comment was 30 business days between May and June 2014. No comments were received.

The Committee also consulted parties with relevant expertise regarding their views including: biologists, ecologists, orchid specialists, natural resources managers, non-government organisations as well as relevant state government agencies.

The Committee prepared a written assessment 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)(c) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).