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) (213)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00955 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 (a), 184 (b) and 184 (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 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:

 

  • including 10 species in the Critically Endangered category
  • including 14 species in the Endangered category
  • including one species in the Extinct category
  • transferring one species from the Critically Endangered category to the Endangered category
  • transferring one species from the Endangered category to the Critically Endangered category
  •  transferring one species from the Endangered category to the Vulnerable category
  • transferring one species from the Vulnerable category to the Critically Endangered category
  • deleting one species from the list in the Extinct category
  • deleting one species from the list in the Endangered category
  • deleting three species from the list in the Vulnerable 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.

 

The Threatened Species Scientific Committee (the Committee):

 

  • recommended the species for inclusion on the Finalised Priority Assessment List for the assessment period commencing on either 1 October 2015, 1 October 2016 or 1 October 2017 to which the Minister agreed
  • sought public comment on the species for at least 30 business days.

 

The Committee consulted parties with relevant expertise regarding their views including:

 

  • relevant researchers from Australian universities
  • relevant state and territory governments
  • relevant non-government organisations.

 

The Committee prepared a written assessment of whether the nominated species were eligible for inclusion in the List. The written assessments and all comments received during the consultation period 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 Legislation Act 2003.

 

The Instrument commenced on the day after it was registered on the Federal Register of Legislation.

 

Authority: section 184 (a), 184 (b) and 184 (c) 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 list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (213)

 

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 Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species by including ten species in the Critically Endangered category (Androcalva adenothalia, Clausena excavata, Eremophila glabra subsp. Scaddan (C. Turley s.n. 10/11/2005), Hesperocolletes douglasi, Hibbertia sp. Toolbrunup (J.R.Wheeler 2504), Homoranthus bebo, Lasiopetalum sp. Mount Caroline (S.D. Hopper SDH 6381), Petrogale concinna concinna, Phebalium speciosum, Stylidium amabile), including fourteen species in the Endangered category (Acacia woodmaniorum, Androcalva perlaria, Bossiaea sp. Frankland (E.M. Sandiford EMS 896), Caladenia graniticola, Grevillea acropogon, Hypocalymma angustifolium subsp. Hutt River (S.Patrick 2982), Hypocalymma sp. Cascade (R. Bruhn 20896), Melaleuca sp. Wanneroo (G.J. Keighery 16705), Nannoperca pygmaea, Pimelea axiflora subsp. pubescens, Stylidium asymmetricum, Stylidium coroniforme subsp. amblyphyllum, Stylidium coroniforme subsp. coroniforme, Trioza barrettae, including one species in the Extinct category (Myriocephalus nudus), transferring one species from the Critically Endangered category to the Endangered category (Galaxias truttaceus (Western Australian population)), transferring one species from the Endangered category to the Critically Endangered category (Fontainea oraria), transferring one species from the Endangered category to the Vulnerable category (Spicospina flammocaerulea), transferring one species from the Vulnerable category to the Critically Endangered category (Gentiana bredboensis), deleting one species from the list in the Extinct category (Hypsela sessiliflora), deleting one species from the list in the Endangered category (Stylidium coroniforme), deleting three species from the list in the Vulnerable category (Aprasia rostrata rostrata, Ctenotus angusticeps, Philotheca ericifolia).

 

These species are being included in list as they met the criteria for listing in these categories under the EPBC Act.

The five species that are being deleted from the list no longer meet any of the criteria for listing.

 

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.

Minister for the Environment

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to safeguard the environment and conserve biodiversity, including the protection and conservation of threatened species. The Act, overseen by the Minister for the Environment, aims to provide a framework for the management of species and ecological communities that are threatened or potentially threatened. In response to assessments and consultations, the Minister can amend the list of threatened species through legislative instruments, ensuring that the conservation status of species is regularly reviewed and updated. This legislative instrument amends the list by adding species to various categories, transferring species between categories, or removing species from the list based on updated assessments and criteria. This process ensures that conservation efforts are targeted effectively and that resources are allocated appropriately to protect biodiversity. This legislative instrument, made under the authority of the Minister for the Environment, was developed following consultations with the Threatened Species Scientific Committee and relevant stakeholders. The amendments to the list of threatened species reflect the most current scientific assessments and public consultations. The instrument is designed to be compatible with human rights, as it does not introduce any new rights or freedoms and does not adversely affect existing ones. The changes to the list aim to reflect the true conservation status of the affected species, thereby supporting the overarching policy objective of the Act: to protect and conserve Australia’s biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to individuals, entities, and industries that may impact the environment and biodiversity within Australia. The Act's geographic reach extends nationally across the Commonwealth, aiming to protect and conserve the nation's biodiversity, including threatened species. The Act empowers the Minister for the Environment to amend the list of threatened species by including or transferring species between categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. This legislative instrument specifically addresses amendments to the list of threatened species by adding, transferring, or deleting species based on assessments and consultations with relevant experts and stakeholders. The instrument commenced on the day after its registration on the Federal Register of Legislation, and it does not engage any of the applicable rights or freedoms as stipulated under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The key provisions of this legislative instrument (F2019L00955) under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) concern the amendment of the list of threatened species as outlined in section 178 of the Act. This instrument specifically adds, removes, and transfers various species between different conservation categories. For instance, it includes ten species in the Critically Endangered category, fourteen in the Endangered category, and one in the Extinct category (sections 184(a), 184(b), and 184(c)). Additionally, it transfers several species between categories and deletes some species from the list. The process for these amendments was overseen by the Threatened Species Scientific Committee, which conducted public consultations and expert reviews before making recommendations to the Minister. The Act imposes specific obligations on the parties and entities it governs. The Threatened Species Scientific Committee is mandated to assess species eligibility for inclusion on the List of Threatened Species and to consult with relevant experts and the public. The Minister for the Environment is responsible for making the final decision on amendments to the List based on the Committee's recommendations and any public comments received. The Act also requires that any amendments be compatible with human rights, as evidenced by the Statement of Compatibility with Human Rights provided in the document. Breaches of the provisions under this Act can lead to various civil and criminal consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, the Act generally provides for penalties that can include substantial fines and, in some cases, imprisonment. These penalties are intended to enforce the conservation and protection measures outlined in the Act, ensuring compliance with the legislative requirements for the protection of threatened species.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
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.