Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 2026

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Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 2026

made under section 184 of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date: 22 April 2026

Includes amendments: by editorial change

About this compilation

This compilation

This is a compilation of the Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 2026 that shows the text of the law as amended and in force on 22 April 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 - List of threatened species, List of threatened ecological communities and List of threatening processes

Schedule 2—Description of ecological community

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

 

 

1  Name

  This instrument is the Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 2026

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under section 184 of the Environment Protection and Biodiversity Conservation Act 1999.

4  Schedules

  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in Schedule 1 to this instrument has effect according to its terms.

Schedule 1—Amendments

Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 - List of threatened species, List of threatened ecological communities and List of threatening processes

1  In the appropriate position under the category heading “ECOLOGICAL COMMUNITIES THAT ARE CRITICALLY ENDANGERED”

Insert the following ecological community:

 (a) Illawarra-Shoalhaven shrublands on volcanic outcrops

Schedule 2—Description of ecological community

Illawarra-Shoalhaven shrublands on volcanic outcrops 

 

The ecological community is the assemblage of plants, animals and other organisms associated with and dependent upon, a type of dense (at times patchy) shrubland typically dominated by Melaleuca armillaris (bracelet honey-myrtle) or Kunzea ambigua (tick bush). Acacia spp. (wattle) and Platysace lanceolata (shrubby platysace) can dominate or co-dominate the canopy in certain locations, particularly after disturbance events such as fire.

Illawarra-Shoalhaven shrublands on volcanic outcrops occur from south of Wollongong to north of Bateman’s Bay and is restricted to exposures of igneous rocky outcrops with shallow soils, typically associated with Bumbo Latite and Milton Monzonite but may occur on other igneous substrates such as Termeil Essexite. It mostly occurs on ridgetops, hills, benches and slopes between the coastal escarpment (the Great Eastern Escarpment) and the sea. Rocky outcrops can also support moist areas, for example, near creeks or where soils are less skeletal, where rocks provide protection and the shrub canopy is dense.

The diversity within the shrub layer varies but can include other shrub and small tree species such as Acacia mearnsii (black wattle), A. parramattensis (Parramatta wattle), A. parvipinnula (silver-stemmed wattle), Indigofera australis (Australian indigo) and Notelaea venosa (smooth mock-olive). Trees can occur as sparse or scattered emergents or on the margins of the ecological community and may include Acacia implexa (hickory wattle), Alphitonia excelsa (red ash), Eucalyptus tereticornis (forest red gum) and Pittosporum undulatum (sweet pittosporum).

The understorey supports greater floristic diversity and can vary from shrubby to grassy. A low shrub layer typically includes Styphelia sieberi (long-flower beard-heath) as a sub-dominant species. Other species may include Breynia oblongifolia (coffee bush), Coleus graveolens (fragrant spur-flower), Hibiscus heterophyllus subsp. heterophyllus (native rosella), Indigofera australis (Australian indigo), Prostanthera nivea (snowy mint-bush), Solanum celatum, S. vescum (gunyang, green kangaroo apple), Phyllanthus gunnii (scrubby spurge) P. parviflorus (cockspur flower) and Zieria granulata (Illawarra zieria).

Herbaceous species may include Calandrinia pickeringii (pink purslane), Commelina cyanea (scurvy weed), Crassula sieberana (austral stonecrop), Euchiton japonicus (clustered/creeping cudweed), Pelargonium inodorum (kapota), Scaevola aemula (fairy fanflower), Veronica plebeia (trailing speedwell), Xerochrysum bracteatum (golden everlasting) and Irenepharsus trypherus (Illawarra Irene). Orchids and lilies may occur, such as Arthropodium minus (small vanilla-lily), Caesia parviflora (pale grass-lily), Caladenia tessellata (thick-lipped spider orchid), Calochilus pulchellus (pretty beard orchid), Dianella longifolia (flax lily) and Geitonoplesium cymosum (scrambling lily).

Grasses can occur particularly where the shrub canopy is less dense. Ferns may be present, such as Asplenium flabellifolium (necklace fern), Cheilanthes distans (bristly cloak fern), C. sieberi (mulga fern) and Pellaea falcata (sickle fern). Moist areas of the ecological community can include mosses and sundews. Twining species may be present in the understorey and/or canopy.

The ecological community includes a variety of fauna species, including several species that are listed as threatened at a national or state level.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 20266

11 Mar 2026 (F2026L00230)

12 Mar 2026 (s 2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 1.....................

ed C1

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

Schedule 1

 

Schedule 1................

rep LA s 48C

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Section 1

Kind of editorial change

Correct a typographical error

Details of editorial change

Section 1 refers to the name of the instrument as the “Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 20266”. The year should be “2026”.

This compilation was editorially changed to omit “20266” and substitute “2026” in section 1 to correct the typographical error.

 

Overview

The Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 2026 was enacted to address the need for updating the list of threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999. This legislative instrument was made under the authority of section 184 of the Act and is intended to ensure that specific ecological communities are recognised and protected, given their status as critically endangered. This amendment was necessary to enhance the conservation efforts for these vulnerable ecosystems. The instrument was created and is maintained by the relevant federal legislature, specifically tailored to meet the policy objective of safeguarding biodiversity and ecological integrity in Australia. This legislative instrument introduces the Illawarra-Shoalhaven shrublands on volcanic outcrops as a new entry under the category of critically endangered ecological communities. This inclusion is aimed at recognising the unique biodiversity and ecological significance of this specific habitat, which is found in certain regions of New South Wales. By formally listing this ecological community, the amendment seeks to bolster conservation measures and facilitate targeted management strategies to preserve this habitat and the associated species that depend on it.

Scope and Application

The Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 2026 applies to amendments under the Environment Protection and Biodiversity Conservation Act 1999, specifically targeting the inclusion of new ecological communities in the lists of threatened species, threatened ecological communities, and threatening processes. This legislative instrument amends the existing legal framework to include the Illawarra-Shoalhaven shrublands on volcanic outcrops under the category of critically endangered ecological communities. The instrument's reach is national, as it amends Commonwealth legislation, thereby affecting all persons and entities operating within Australia who may have dealings with the listed ecological communities or actions that could impact them. The amendments become effective upon registration, and the changes are made to ensure the updated lists reflect the current state of biodiversity conservation needs. Any exclusions or exemptions would be detailed within the primary Act itself, and the instrument does not specify additional exclusions beyond the scope of the amending authority provided under section 184 of the primary Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC186)) Instrument 2026 amends the Environment Protection and Biodiversity Conservation Act 1999 by adding Illawarra-Shoalhaven shrublands on volcanic outcrops to the list of critically endangered ecological communities under Schedule 1. This amendment is effective from the day after the instrument is registered. The addition of this ecological community is detailed in Schedule 2, which describes the specific characteristics and habitat of Illawarra-Shoalhaven shrublands on volcanic outcrops, including the dominant plant species and associated fauna. The Act imposes specific obligations on parties or entities, particularly those involved in activities that might impact the listed ecological communities. These obligations may include the need to avoid, minimise, remedy, or offset the impacts of actions on these communities, as well as ensuring compliance with any relevant environmental impact assessments and approvals processes. Additionally, the Act requires entities to engage with relevant authorities and possibly develop and implement management plans to protect these ecological communities. Breach of the provisions outlined in this instrument can lead to significant legal consequences. Offences under the Act might include unauthorised activities that harm listed threatened ecological communities. Penalties for such breaches can be substantial and may include fines up to $500,000 for individuals and up to $2.5 million for corporations. Additionally, criminal charges may be brought against individuals who knowingly or recklessly cause harm to these communities, potentially leading to imprisonment terms. Civil penalties may also apply for non-compliance, reinforcing the importance of adhering to the Act's provisions.

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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.