Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026

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

Legislation au F2026L00287 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 Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026

 

Legislative authority

 

The Environment Protection and Biodiversity Conservation Act 1999 (Act) provides for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened ecological communities.

 

Subsection 181(1) of the Act provides that the Minister must, by legislative instrument, establish a list of threatened ecological communities divided into the following categories: critically endangered; endangered; and vulnerable. This list referred to in subsection 181(1) of the EPBC Act is contained in the 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 (the List).

 

Paragraph 184(a) of the Act, relevantly provides that the Minister may, by legislative instrument, amend the List by including items in the List in accordance with Part 13, Division 1, Subdivision AA of the Act.

 

Subsection 182(2) of the Act provides that an ecological community is eligible to be included in the Endangered category at a particular time if, at that time, it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with the prescribed criteria.

 

Subsection 187(1) of the Act provides that the Minister must not include an ecological community in a particular category unless satisfied that the ecological community is eligible to be included in that category.

 

Subsection 187(2) of the Act provides that in deciding whether to include an ecological community in a particular category, the only matters the Minister may consider are matters relating to whether the ecological community is eligible to be included in that category or the effect that including the ecological community in that category could have on the survival of the ecological community.

 

Part 13, Division 1, Subdivision AA of the Act sets out the process for nominating ecological communities for inclusion in the list, including the consideration and assessment of nominations by the Threatened Species Scientific Committee (Committee). Relevantly, subsection 194Q provides that the Minister must have regard to the Committee’s assessment of an item under section 194N and either include the item in the list, or decide in writing not to include it.

 

Regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2025 (the Regulations) provides that for the purposes of section 182 of the Act, an ecological community is in the Critically Endangered, Endangered or Vulnerable category if it meets any of the 6 criteria for the category mentioned in the table to that provision.

 

Purpose of the Instrument

 

The purpose of this instrument is to amend the List by including in the endangered category: Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria, as recommended by the Threatened Species Scientific Committee (Committee), having regard to its eligibility for the endangered category under subsection 182(2) of the Act.

 

The Committee concluded that the Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria ecological community met the criteria specified in specified in regulation 7.02 of the Regulations, as follows:

  • Criterion 2 as endangered due to the restricted geographic distribution, and the nature of this distribution, makes it likely that the action of a threatening process could cause it to be lost in the near future.
  • Criterion 4 as endangered because of the severe reduction in integrity across most of its geographic distribution, as indicated by a severe degradation of the ecological community and its habitat and a severe disruption of important community processes, particularly regenerative processes.
  • Criterion 5 as vulnerable due to the serious rate of continuing detrimental change in the ecological community as indicated by a serious intensification in degradation across most of its geographic distribution over the recent past and likely to continue in the immediate future.

On the basis of the assessment and advice of the Committee, the Minister was satisfied that the requisite criteria were met for including the Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria in the Endangered category within the List.

 

In deciding to include it in the List, the Minister only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community. This included a detailed description of the ecological community in the draft conservation advice. This detailed description will be included in the approved conservation advice on the department’s Species Profile and Threats Database - EPBC Act List of Threatened Ecological Communities at https://www.environment.gov.au/cgi-bin/sprat/public/publiclookupcommunities.pl

 

Consultation

 

The process for making amendments to the List to include an item is set out in Part 13, Division 1, Subdivision AA of the Act. Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act.

 

A draft assessment was placed on public exhibition for a minimum of 30 business days as required by subsection 194M(3) of the Act, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were considered by the Committee and forwarded to the Minister for consideration.

 

In making this Instrument, the Minister considered the Committee’s written assessment and any comments received during the consultation period in accordance with Part 13, Division 1, Subdivision AA of the EPBC Act.

 

Given the extensive consultation undertaken on the proposed listing contained in the legislative instrument, it was not necessary to consult on the text of the instrument itself.

 

Details/ Operation

 

Details of the Instrument are set out in Attachment A.

 

Other

 

The Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

 

The Instrument is an amendment instrument made under section 184 of the Act. It is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act).

 

The Instrument commences the day after registration.

 

Sunsetting and disallowance requirements

 

The Instrument is subject to the disallowance process under section 42 of the Legislation Act and the sunsetting regime set out in Part 4 of Chapter 3 of the Legislation Act. However, section 48A of the Legislation Act has the effect that, because the Instrument only amends another instrument, if it is not disallowed it will be automatically repealed at the end of the disallowance period. Once repealed, the sunsetting regime has no practical effect on the Instrument.

 

The List amended by the Instrument is exempt from sunsetting in accordance with table item 24 in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015, which specifies that sunsetting requirements do not apply to instruments made under sections 178, 181 or 183 of the EPBC Act. This sunsetting exemption has applied to the List since the sunsetting regime was established by the Legislation Act on 1 January 2005. This means that the amendments given effect by the Instrument will be enduring.

 

The List is not appropriate for sunsetting, to ensure threatened species have ongoing regulatory protection under the Act. Species on the list may be threatened beyond 10 years and require continued protection through conservation advice, recovery plans and the assessment and approval processes under the Act. Amendments are made to the list following a stringent statutory review process set out in the Act, which provides an appropriate review mechanism to ensure the currency and accuracy of the List.

 

ATTACHMENT A

 

Details of the Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026

Section 1 – Name

This section provides that the title of the instrument is the Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026 (the Instrument).

Section 2 – Commencement

This section provides that the Instrument commences on the day after it is registered.

Section 3 – Authority

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

Section 4 – Schedules

This section is a machinery clause which provides that the 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 (Principal Instrument) is amended as set out in the applicable items in Schedule 1, and any other item in Schedule 1 to the Instrument has effect according to its terms.

 

Schedule 1- Amendments

 

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

 

Item 1 amends the list under the category heading “ECOLOGICAL COMMUNITIES THAT ARE ENDANGERED” to include in the appropriate position the following ecological communities:

 

  1.                     Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria

Schedule 2- Description of ecological community

 

Schedule 2 provides for a summary description of the ecological community. The description of the ecological community in Schedule 2 is not an amendment to the text of the List. A detailed description of the ecological community is available in the approved conservation advice on the department’s Species Profile and Threats Database - EPBC Act List of Threatened Ecological Communities at https://www.environment.gov.au/cgi-bin/sprat/public/publiclookupcommunities.pl

 

ATTACHMENT B

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026

 

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 Legislative Instrument is to amend the 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 (the List) to include the ecological community Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria in the Endangered category.

Paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999 (Act), relevantly provides that the Minister may, by legislative instrument, amend the List by including items in the List in accordance with Part 13, Division 1, Subdivision AA of the Act.

The Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria ecological community has been included in the endangered category of the List because it met the criteria whereby: its restricted distribution makes it likely that the action of a threatening process could cause it to be lost in the near future, and several threatening processes have severely impacted the integrity of the ecological community and its ability to recover.

 

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.

 

Senator the Hon Murray Watt

Minister for the Environment and Water

 

Overview

The Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026 was introduced to amend the Environment Protection and Biodiversity Conservation Act 1999 by adding a new ecological community to the endangered list. This legislative instrument was enacted by the Parliament of Australia under the authority of the Minister for the Environment and Water to enhance the protection of biodiversity by including the Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria in the endangered category of the List. The policy objective is to address the high risk of extinction faced by this ecological community due to restricted geographic distribution and severe degradation of its habitat, thereby ensuring its conservation and recovery. The instrument was developed following a thorough assessment by the Threatened Species Scientific Committee, which recommended the inclusion of this ecological community based on specific criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2025. Extensive consultation was undertaken with relevant experts and the public to gather feedback and ensure the decision was informed by comprehensive evidence. The instrument aims to provide enduring protection for threatened ecological communities, ensuring they are subject to ongoing regulatory safeguards and conservation efforts under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026 pertains to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislative instrument amends the List of threatened ecological communities under the EPBC Act by including the Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria in the endangered category. This addition is based on the ecological community's eligibility criteria, which include its restricted geographic distribution and severe degradation, making it highly susceptible to extinction in the near future. The Minister for the Environment and Water, in making this amendment, considered the assessment and advice of the Threatened Species Scientific Committee, as well as public submissions received during the consultation period. The Instrument is subject to disallowance and sunsetting provisions, though the List itself is exempt from sunsetting to ensure ongoing protection for threatened species. The amendments made by this instrument are enduring and provide a structured process for reviewing and updating the List to maintain its accuracy and relevance.

Key Provisions

The Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026 primarily serves to amend the List of threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria to the Endangered category. This amendment is made pursuant to section 184 of the EPBC Act, which allows the Minister to amend the List by legislative instrument (Section 4). The Instrument specifies that it comes into effect on the day following its registration (Section 2). The obligations imposed by the Instrument on the parties it governs revolve around the conservation and protection of the newly listed Pinkwood cool temperate rainforests. According to the EPBC Act, the Minister must ensure that any ecological community is included in the list only if it meets the eligibility criteria specified under the Act. In this case, the Threatened Species Scientific Committee determined that the Pinkwood cool temperate rainforests met the criteria for the Endangered category based on their restricted geographic distribution and the severe reduction in their integrity due to threatening processes (Sections 182 and 187). Consequently, the Minister's decision to list the community was made in accordance with these criteria and the advice provided by the Committee. Breaches of the EPBC Act or non-compliance with the regulations concerning listed threatened species and ecological communities can lead to both civil and criminal penalties. Under the EPBC Act, individuals or entities can be liable for offences such as causing harm to listed species or their habitats. For example, harming an endangered species can result in fines of up to $330,000 for individuals and $1.65 million for corporations, along with potential imprisonment terms. Similarly, damaging or destroying critical habitat can lead to fines of up to $660,000 for individuals and $3.3 million for corporations, alongside imprisonment. Additionally, the Act allows for the issuance of infringement notices for less severe breaches, with fines that can reach up to $6,600 for individuals and $33,000 for corporations. The severity of penalties often depends on the nature and extent of the harm caused, as well as whether the offence was committed intentionally or negligently.

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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.