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)(b)

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 to include or transfer an item is set out in Part 13, Division 1, Subdivision AA of the Act. The relevant considerations for making amendments to the List to delete an item are set out in Part 13, Division 1, Subdivision A of the Act.

The purpose of this Instrument is to amend the List by deleting fifteen species that are no longer eligible for listing under the Act. Fourteen of the species are ineligible as they are no longer valid species because they are synonyms with other species. One of the species, Centrolepis caespitosa, has been reassessed against the criteria for listing and found not be eligible for listing in any category.

Consultation

Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in section 189 of the Act (which requires the Minister to obtain and consider the advice of the Committee in relation to a proposed deletion of a species from the List) and Part 13, Division 1, Subdivision AA of the Act.

Section 189 of the Act does not require the Committee to undertake public or expert consultation on the deleting of species from the list; however, the Committee undertook public consultation for more than 30 business days. Public comment on twelve of the species was sought between 24 November 2014 and 30 January 2015, public comment was sought on Carex paupera and Rytidosperma popinensis between 26 February 2015 and 1 May 2015, and public comment was sought on Centrolepis caespitosa between 22 July 2015 and 31 August 2015. No public comments were received. The Committee also consulted experts with relevant expertise regarding their views including relevant state and territory governments and relevant herbaria. One expert comment for Carex paupera and one expert comment for Rytidosperma popinensis were received during the public consultation period. All comments received were taken into consideration by the Committee in providing its advice to the Minister.

The Committee prepared a written assessment of whether the species were eligible for inclusion in the List. The written assessment and comments received during the consultation process 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: section 184(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).