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)(d)
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment, especially matters of national environmental significance, 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(1)(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.
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:
- Arthrochilus huntianus subsp. nothofagicola to Thynninorchis nothofagicola
- Atriplex sp. Yeelirrie Station (L. Trotter & A. Douglas LCH 25025) to Atriplex yeelirrie
- Bettongia penicillata ogilbyi to Bettongia penicillata
- Ceratobium antennatum to Dendrobium antennatum
- Coeranoscincus reticulatus to Saiphos reticulatus
- Crepidomanes endlicherianum to Polyphlebium endlicherianum
- Diomedea epomophora epomophora to Diomedea epomophora
- Diomedea exulans amsterdamensis to Diomedea amsterdamensis
- Diomedea exulans antipodensis to Diomedea antipodensis
- Diomedea exulans gibsoni to Diomedea antipodensis gibsoni
- Diomedea exulans exulans to Diomedea dabbenena
- Diomedea epomophora sanfordi to Diomedea sanfordi
- Durabaculum mirbelianum to Dendrobium mirbelianum
- Durabaculum nindii to Dendrobium nindii
- Drakonorchis drakeoides to Caladenia drakeoides
- Genoplesium brachystachyum to Corunastylis brachystachya
- Genoplesium firthii to Corunastylis firthii
- Gingidia montana to Gingidia rupicola
- Kelleria laxa to Kelleria bogongensis
- Petroica multicolor multicolor to Petroica multicolor
- Phalaenopsis rosenstromii to Phalaenopsis amabilis subsp. rosenstromii
- Prostanthera sp. Mt Tinbeerwah (P.R.Sharpe 4781) to Prostanthera spathulata
- Pterostylis aenigma to Pterostylis X aenigma
- Thalassarche cauta salvini to Thalassarche salvini
- Thalassarche melanophris impavida to Thalassarche impavida
- Trichomanes exiguum to Didymoglossum exiguum
- Tympanocryptis pinguicolla to Tympanocryptis pinguicolla and Tympanocryptis condaminensis
Background
These name changes result from: taxonomic revisions that have not altered the concept or description of the species; formal publication of species descriptions; and procedural decisions to facilitate the Minister’s decision making process.
Consultation
Section 189(1) of the EPBC Act requires the rule-maker, when deciding whether to amend the List under section 184(1)(d) of the Act, to obtain and consider advice from the Threatened Species Scientific Committee on the proposed amendment. That advice was sought and considered prior to the making of the Instrument. The Committee agreed to recommend the name changes as set out above.
Section 17(1)(a) of the Legislation Act 2003 states that before the legislative instrument is made, the rule-maker must be satisfied that there has been undertaken any consultation that is considered by the rule-maker to be appropriate. As this Instrument only corrects inaccuracies by correcting the names in the List and does not make any substantial changes to the List, public consultation was not undertaken. While consultation was not required, the Australian Biological Resources Study (ABRS) was consulted regarding the proposed changes.
The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (Cth).
The Instrument commenced on the day after it was registered on the Federal Register of Legislation.
Authority: Section 184(1)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
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 (Cth) (189) 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 12 fauna species and 15 flora species pursuant to section 184(1)(d) of the EPBC Act. These name changes are to correct inaccuracies or update the names of listed threatened species.
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.
Geoff Richardson Delegate for the Minister for the Environment
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