EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under sections 184(1)(a) and (b)

(Issued under the Authority of the Minister for the Environment)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.

The purpose of this instrument is to amend the list of threatened ecological communities under section 181 of the Act in accordance with

(i) paragraph 184(1)(a) of the Act by including in the list in the critically endangered category Natural Temperate Grassland of the South Eastern Highlands; and,

(ii) paragraph 184(1)(b) of the Act by deleting from the list in the endangered category Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory;

as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered and endangered ecological communities under subsection 182(1) and (2) of the Act.

The Committee concluded that the Natural Temperate Grassland of the South Eastern Highlands ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

• Criterion 1 as critically endangered because its decline in geographic distribution is very severe;
• Criterion 2 as critically endangered because its geographic distribution is very restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the immediate future; and
• Criterion 4 as critically endangered because the reduction in integrity across most of its range is very severe as indicated by degradation of the community or disruption of important community processes that is very severe.

On the basis of the assessment and advice of the Committee, I am satisfied that in accordance with section 187 of the Act:

(i) the Natural Temperate Grassland of the South Eastern Highlands ecological community is eligible to be included in the critically endangered category. In deciding to include it in the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community; and

(ii) the Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory ecological community is no longer eligible to be included in the endangered category because it is now forms part of the Natural Temperate Grassland of the South Eastern Highlands ecological community to be listed as critically endangered. In deciding to delete it from the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category.

The Committee recommended a review of Natural temperate grasslands of the southern tablelands of NSW and the ACT for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013. Consultation on the nomination to amend the list of threatened ecological communities under the Act to include the revised ecological community (Natural Temperate Grassland of the South Eastern Highlands) was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. A draft conservation advice was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were forwarded to the Committee and to me for consideration.

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.