EXPLANATORY STATEMENT

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

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 194D

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species. Among these is the obligation to establish and amend lists of threatened species, threatened ecological communities and key threatening processes.

Section 194D of the Act provides that the Minister may determine one or more conservation themes that the Minister considers should be given priority in relation to an assessment period. In making this determination, the Minister may request and have regard to advice from the Threatened Species Scientific Committee (the Committee) under subsection 194D(3) of the Act. The Committee is established under section 502 of the Act.

The Committee considered a number of possible themes and recommended a number of options including having no theme to the Minister. Section 194D does not require any further consultation on determination of a theme other than considering advice provided by the Committee.

This instrument determines ‘terrestrial and marine flora and fauna that would benefit from national listing’ as the conservation theme be given priority for the assessment period commencing 1 October 2014. This theme was determined by the Minister.

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments. As provided in section 194D of the Act, section 42 of the Legislative Instruments Act 2003 does not apply to this Instrument (disallowance).

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