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

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2025L01268 In force Legislative Instrument

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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.

Overview

The Environment Protection and Biodiversity Conservation (2026 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2025 was enacted to address the urgent need to protect and recover species and ecological communities affected by the harmful algal bloom off the coast of South Australia. This determination was made under the authority of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by the Minister for the Environment and Water. The primary objective of this legislation is to establish a conservation theme for the 2026 assessment period, focusing on the protection and recovery of species and ecological communities impacted by the algal bloom. This determination aligns with the EPBC Act's mandate to conserve biodiversity and mitigate key threatening processes, and it follows consultation with the Threatened Species Scientific Committee to ensure informed decision-making.

Scope and Application

The Environment Protection and Biodiversity Conservation (2026 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2025 applies to the process of nominating items to be listed under the Environment Protection and Biodiversity Conservation Act 1999, specifically for the assessment period starting 1 October 2026. This determination targets entities and individuals involved in the nomination and listing of threatened species, threatened ecological communities, and key threatening processes. The geographic reach of the Act is national, covering all areas within Australia. The Act does not extend to specific exclusions or exemptions, nor does it set specific thresholds. Instead, it establishes a thematic priority, focusing on the protection and recovery of species and ecological communities affected by the harmful algal bloom off the coast of South Australia. The application of the conservation theme is discretionary and technical, providing guidance rather than imposing additional restrictions or obligations. This determination is made under the authority of the Environment Protection and Biodiversity Conservation Act 1999 and comes into effect on the day after its registration.

Key Provisions

The Environment Protection and Biodiversity Conservation (2026 Conservation Theme for Prioritising Nominations of Threatened Species, Threatened Ecological Communities and Key Threatening Processes) Determination 2025 (the Determination) specifies that the conservation theme to be given priority for the 2026 assessment period under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is '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' (section 4). The Determination identifies this theme to focus on species and ecological communities potentially affected by the harmful algal bloom in South Australia, which has been recognised as a significant environmental issue. The Determination imposes on the Minister for the Environment and Water the responsibility to prioritise the nominated species, ecological communities, and key threatening processes that align with the specified conservation theme. The Minister must consider this theme when inviting nominations for the 12-month assessment period commencing on 1 October 2026 (section 194D of the EPBC Act). The Threatened Species Scientific Committee provides advice to the Minister to ensure that the determination is informed by scientific expertise and appropriate consultation. Breaches of the provisions in the EPBC Act, including failure to comply with the conservation theme established under this Determination, are subject to enforcement actions. The Act provides for civil and criminal penalties for non-compliance. For example, under section 508 of the EPBC Act, a person who contravenes a provision of the Act may be liable to a civil penalty of up to $1.1 million for a corporation and up to $220,000 for an individual. Additionally, criminal penalties may apply for serious or repeated breaches, with maximum fines of up to $660,000 for corporations and up to $132,000 for individuals, along with potential imprisonment terms. The Act also provides for enforcement actions by authorised officers, including the issuance of infringement notices or court proceedings to enforce compliance with the Act’s provisions.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Consultation Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.