Overview

The Environment Protection and Biodiversity Conservation (2025 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2024 was enacted under the Environment Protection and Biodiversity Conservation Act 1999. The Act aims to protect the environment and conserve biodiversity, including threatened species and ecological communities, and to abate key threatening processes. The Determination was introduced to address the need for prioritising the protection and recovery of species and ecological communities that are at risk from invasive species, disease, and pathogens. The determination was made by the Minister for the Environment and Water, following consultation with the Threatened Species Scientific Committee. The primary policy objective of this Determination is to focus on areas of significant ecological concern by prioritising nominations that address threats such as invasive species and diseases. The instrument does not impose any additional restrictions, obligations, or preclude the rights of any person, as it is a discretionary consideration in the statutory process for nominating items to be listed.

Scope and Application

The Environment Protection and Biodiversity Conservation (2025 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2024 applies to the process of nominating threatened species, threatened ecological communities, and key threatening processes for consideration under the Environment Protection and Biodiversity Conservation Act 1999. This Act governs the protection and conservation of biodiversity, including threatened species and ecological communities, and the abatement of key threatening processes. The Determination specifies that nominations supporting the protection and recovery of species and ecological communities at risk from invasive species, disease, and pathogens should be prioritised for the assessment period commencing 1 October 2025. This theme is intended to focus conservation efforts and resources on areas most at risk, thereby enhancing the effectiveness of biodiversity conservation measures. The Act applies to all persons and entities within the Commonwealth of Australia, including those engaged in activities that may impact the environment or biodiversity. The Determination does not impose additional restrictions or obligations, but rather influences the discretionary consideration process for nominations to the Subsection A lists under the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation (2025 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2024 (the Determination) establishes a priority conservation theme for the assessment period starting 1 October 2025. Under Section 4 of the Determination, the theme prioritised for this period is "Nominations that support the protection and recovery of species and ecological communities at risk from invasive species, disease and pathogens". This theme is intended to guide the nomination and listing process for threatened species, threatened ecological communities, and key threatening processes, as outlined in Part 13, Division 1, subdivision AA of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). The Act mandates that the Minister for the Environment and Water determine conservation themes that should be prioritised for each 12-month assessment period, as stipulated in Section 194D of the Act. The Determination follows this mandate by prioritising the aforementioned conservation theme. The Minister may consider advice from the Threatened Species Scientific Committee, as outlined in Section 194D(3) of the Act, which was indeed considered in this instance. Furthermore, the Minister ensured appropriate consultation under Section 17(1)(a) of the Legislation Act 2003. The Determination imposes no direct obligations or requirements on parties or entities, as the priority conservation theme is a discretionary consideration in the nomination and listing process. However, it does influence the decision-making process by emphasising the need to protect and recover species and ecological communities at risk from invasive species, disease, and pathogens. This could potentially affect how nominations are assessed and prioritised. There are no offences, penalties, or civil/criminal consequences explicitly stated in the Determination for breaches of its provisions. The Determination itself does not impose additional restrictions, obligations, or rights on any person, but rather serves as a guideline in the decision-making process. Since the Determination is not a disallowable instrument under the Legislation Act 2003, it does not fall under the disallowance process, and thus no penalties are associated with its breach. However, non-compliance with other provisions of the Act could result in civil or criminal penalties as outlined elsewhere in the legislation.