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 (Mogurnda adspersa) (Murray-Darling Basin population) (433) Determination 2026
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.
Subsection 517(1) of the EPBC Act provides that the Minister may, by legislative instrument, determine that a distinct population of biological entities is a species for the purposes of the EPBC Act.
Purpose of Instrument
The purpose of this Instrument is to determine that the following distinct population of biological entities is a species for the purposes of the EPBC Act:
- Mogurnda adspersa (Murray-Darling Basin population)
Mogurnda adspersa (Murray-Darling Basin population) is the description of the distinct population of biological entities.
Consultation
Advice from the Threatened Species Scientific Committee was sought and considered prior to the making of the Instrument. The Committee recommended that Mogurnda adspersa (Murray-Darling Basin population) be determined as a species for the purposes of the EPBC Act as set out above.
Paragraph 17(1)(a) of the Legislation Act 2003 states that before the legislative instrument is made, the rule-maker must be satisfied that there has been undertaken any consultation that is:
- considered by the rule-maker to be appropriate; and
- reasonably practicable to undertake.
As this Instrument only determines a population of biological entities as a species for the purposes of the EPBC Act, public consultation was not undertaken on this Instrument. Due to the technical and scientific nature of this amendment, the Minister was satisfied that sufficient consultation had been undertaken.
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 made under subsection 517(1) of the EPBC 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 exempt from sunsetting, pursuant to paragraph 54(2)(b) of the Legislation Act 2003 and item 24, section 12 of the Legislation (Exemption and Other Matters) Regulation 2015. This Instrument is exempt from sunsetting because determinations made under section 517 of the EPBC Act are designed to be enduring and would not benefit from regular review, because the need to consider such biological entities as species may endure regardless of any statutory deadlines.
Should these instruments be subject to the sunsetting regime, this would undermine the accuracy of lists made under sections 178, 209 or 248 of the EPBC Act, upon the repeal of these determination instruments. The exemption from sunsetting for instruments made under section 517 of the EPBC Act remains consistent with existing exemptions provided for the lists of threatened species, migratory species and marine species under the EPBC Act.
ATTACHMENT A
Details of the Environment Protection and Biodiversity Conservation (Mogurnda adspersa) (Murray-Darling Basin population) (433) Determination 2026
Section 1 – Name
This section provides that the title of the instrument is the Environment Protection and Biodiversity Conservation (Mogurnda adspersa) (Murray-Darling Basin population) (433) Determination 2026
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 subsection 517(1) of the Environment Protection and Biodiversity Conservation Act 1999.
Section 4 – Determination
This section provides that ‘Mogurnda adspersa (Murray-Darling Basin population)’ is a species for the purposes of the Environment Protection and Biodiversity Conservation Act 1999.
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 (Mogurnda adspersa) (Murray-Darling Basin population) (433) Determination 2026
This Disallowable 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 Disallowable Legislative Instrument
The purpose of this Disallowable Legislative Instrument is to determine that the following population of biological entities is a species for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 Act:
- Mogurnda adspersa (Murray-Darling Basin population)
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Murray Watt MP
Minister for the Environment and Water