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)(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 in the list of threatened species in the vulnerable category:

Probosciger aterrimus macgillivrayi

Platycercus caledonicus brownie

Strepera fuliginosa colei

• Transferring from the vulnerable to the endangered category of the list of threatened species:

Malurus coronatus coronatus

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 of species in the List).

The Threatened Species Scientific Committee (the Committee):

-          recommended the subspecies’ for inclusion on the Finalised Priority Assessment List (FPAL) for the assessment periods commencing 1 October 2013 and 1 October 2014 under the item ‘Any other species nominated by the Committee’, to which the minister agreed;

-          sought public comment on the species.

The period for public comment was >30 business days between 30 October 2014 and 21 December 2014 (for 2013 FPAL subspecies) and 17 November 2014 and 9 January 2015 (for 2014 FPAL subspecies). In total, for all subspecies, two public comments were received and eight submissions were received from targeted consultation.

The Committee also consulted parties with relevant expertise regarding their views, including: Academic experts and managers familiar with the subspecies

Relevant state and territory governments

The Committee prepared a written assessment of whether the nominated subspecies were eligible for inclusion in the List. The written assessment was 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)(a)(c) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).