EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
Determination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (225)
Background
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 517(1) of the Act provides that the Minister may, by legislative instrument, determine that a distinct population of biological entities is a species for the purposes of this Act.
Purpose of Instrument
The purpose of this Instrument is to determine that the following population of biological entities is a species for the purposes of the Act:
- Nannoperca australis Murray-Darling Basin lineage
Consultation
Advice from the Threatened Species Scientific Committee was sought and considered prior to the making of the Instrument. The Committee recommended that Nannoperca australis Murray-Darling Basin lineage be declared a species for the purposes of the Act 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 determines a population of biological entities as a species for the purposes of the Act, public consultation was not undertaken on this Instrument, however consultation was conducted on the assessment of Nannoperca australis Murray-Darling Basin lineage for listing as a threatened species.
Notice of the proposed amendment to the list of threatened species and a consultation document was made available for public comment for a minimum of 30 business days as required by subsection 194M(3). Any public comments received that were relevant to the eligibility or survival of the species were considered by the Scientific Committee as part of providing their advice to the Minister.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The Instrument commences the day after registration.
Authority: section 517(1) of the Environment Protection and Biodiversity Conservation Act 1999.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the
Determination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (225)
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 determine that the following population of biological entities is a species for the purposes of the Act:
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. |