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) (02/05/2016)

Legislation au F2016L00647 Not in force Legislative Instrument

Legislation content

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

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to protect the environment and conserve biodiversity, including threatened species. One of its purposes is to maintain a list of threatened species which are classified into categories such as extinct, critically endangered, and vulnerable. The Act allows the Minister for the Environment to amend the list of threatened species to correct inaccuracies or update species names. This legislative instrument updates the scientific names of certain threatened species listed under the EPBC Act, correcting inaccuracies without altering the descriptions of the species, formalising descriptions, or making substantive changes to the list. This was done in consultation with the Threatened Species Scientific Committee and the Australian Biological Resources Study, and is compatible with human rights as it does not affect any rights or freedoms. This legislative instrument, made under section 184(1)(d) of the EPBC Act, aims to ensure the list of threatened species accurately reflects the most current scientific understanding and nomenclature. By updating the names of listed threatened species, the Act maintains its integrity and effectiveness in protecting biodiversity. The instrument was developed with input from relevant scientific committees, ensuring that the amendments are scientifically sound and necessary.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all persons, entities, and industries within Australia, with a particular focus on those activities that may impact on the environment and biodiversity, especially matters of national environmental significance. The Act's jurisdiction extends across the Commonwealth, including territories, and it includes mechanisms for national protection of threatened species, ecological communities, and key threatening processes. This legislative instrument, issued under section 184(1)(d) of the Act, amends the list of threatened species by correcting scientific names to ensure accuracy and facilitate decision-making processes. The amendments do not alter the conservation status or descriptions of the species involved. Instead, they address taxonomic revisions, formal species descriptions, and procedural decisions. The Minister or delegate may amend the List by legislative instrument to correct inaccuracies or update names, as per the Act's provisions, without the need for public consultation if the changes are purely nomenclatural. This legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of this legislative instrument are sections 184(1)(d) and 189(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act). Section 184(1)(d) allows the Minister or their delegate to amend the List of threatened species to correct inaccuracies or update the names of listed species. Section 189(1) mandates that the rule-maker must obtain and consider advice from the Threatened Species Scientific Committee before making any amendments to the List. The instrument amends the names of 27 threatened species, correcting inaccuracies and updating names based on taxonomic revisions, formal species descriptions, and procedural decisions. The Act imposes obligations on the Minister for the Environment to ensure that the List of threatened species is accurate and up-to-date. This includes seeking advice from the Threatened Species Scientific Committee as required by section 189(1) and ensuring that any amendments to the List are in accordance with the provisions of the EPBC Act. Additionally, entities and individuals who engage in activities that may impact listed threatened species must comply with the EPBC Act's requirements to avoid actions that might harm these species. There are no specific offences, penalties, or civil/criminal consequences outlined in the legislative instrument itself. However, any actions that contravene the EPBC Act's provisions related to threatened species could lead to enforcement actions by the Minister or delegate. These may include the imposition of fines or other penalties as stipulated in the Act. For example, causing harm to a listed threatened species can result in substantial civil penalties, while more serious offences can lead to criminal penalties including fines and imprisonment. The instrument does not specify maximum penalties for breaches related to the name amendments, but it is important to note that contraventions of the EPBC Act can attract significant penalties. For instance, under section 482 of the Act, a person who contravenes a direction or condition related to the protection of threatened species can face a penalty of up to $330,000 for a corporation and $66,000 for an individual. More serious offences, such as those involving intentional harm to threatened species, can attract higher penalties, including imprisonment.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.