EXPLANATORY STATEMENT

Issued by the Authority of the Minister for the Environment and Water

Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation (2026 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2025
 

Legislative Authority

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities and the abatement of key threatening processes. The EPBC Act requires the responsible Minister to establish and, where warranted, amend lists of threatened species, threatened ecological communities and key threatening processes.

Part 13, Division 1, subdivision AA of the Act outlines the nomination and listing process for threatened species, ecological communities and key threatening processes. Section 194D of the EPBC Act provides that prior to inviting nominations for a 12-month assessment period for a Subsection A list under section 194E, the Minister may determine one or more conservation themes that the Minister considers should be given priority in relation to an assessment period.

Conservation themes are also a discretionary consideration for the preparation of a proposed priority assessment list by the Threatened Species Scientific Committee under subsection 194G(2) of the EPBC Act.

Purpose of the Instrument
 

The instrument determines ‘Nominations that support the protection and recovery of species and ecological communities at risk from the impacts of the harmful algal bloom off the coast of South Australia’ as the conservation theme that the Minister has determined should be given priority for the assessment period commencing 1 October 2026.

Consultation

Section 194D(3) of the EPBC Act states that the rule-maker, when deciding whether to establish a conservation theme under section 194D(1) of the EPBC Act, may obtain and consider advice from the Threatened Species Scientific Committee for the purposes of making the determination.

Advice was obtained from the Threatened Species Scientific Committee and considered by the Minister prior to the making of this instrument. The Minister was satisfied that there has been appropriate consultation under section 17(1)(a) of the Legislation Act 2003.

Details/Operation

Details of this instrument are set out in Attachment A.

Sunsetting and disallowance requirements

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

The instrument commenced on the day after registration on the Federal Register of Legislation.

As provided in subsection 194D(4) of the Act, section 42 of the Legislation Act 2003 (disallowance) does not apply to this instrument.

With respect to the statutory exemption from the disallowance process; a conservation theme determined under this instrument is a discretionary consideration in the statutory process for nominating items to be listed. This determination itself does not apply additional restrictions, impose obligations or preclude the rights of any person. The application of a conservation theme to the decision-making process is technical and scientific.

As the instrument is not a disallowable instrument, in accordance with paragraph 15J(2)(f) of the Legislation Act 2003 a statement of compatibility is not required to be prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

Attachment A

Details of the Environment Protection and Biodiversity Conservation (2026 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2025

Section 1 – Name

This section provides that the name of the instrument is the Environment Protection and Biodiversity Conservation (2026 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2025.

Section 2 – Commencement

This section provides for the instrument to commence on the day after it is registered.

Section 3 – Authority

This section provides that the instrument is made under subparagraph 194D the Environment Protection and Biodiversity Conservation Act 1999.

Section 4 – Determination

This section provides that ‘Nominations that support the protection and recovery of species and ecological communities at risk from the impacts of the harmful algal bloom off the cost of South Australia’ is a conservation theme that should be given priority in relation to the assessment period commencing 1 October 2026.