EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
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) (224)
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 the following categories: 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.
Purpose of the instrument
The purpose of this Instrument is to amend the List by:
- Include one species to the Endangered category
- Delete one subspecies from the Vulnerable category
Consultation
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. 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 periods commencing on 1 October 2019 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.
In making the Instrument, the Minister considered the Committee’s written assessments and the comments received during the consultation in accordance with Part 13, Division 1, Subdivision AA of the EPBC Act.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The Instrument commences on the day after registration.
Authority: section 178, 184(a) and 184(b) of the Environment Protection and Biodiversity Conservation Act 1999.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the
Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (220)
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 species being included and transferred within the list met the criteria for listing in the relevant category under the EPBC Regulations.
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 |