Environment Protection and Biodiversity Conservation (Mogurnda adspersa) (Murray-Darling Basin population) (433) Determination 2026

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

Legislation au F2026L00081 In force Legislative Instrument

Legislation content

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

 

 

 

 

 

Overview

The Environment Protection and Biodiversity Conservation (Mogurnda adspersa) (Murray-Darling Basin population) (433) Determination 2026 was enacted to address the need to formally recognise the Mogurnda adspersa population within the Murray-Darling Basin as a distinct species for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This determination was made by the Minister for the Environment and Water under subsection 517(1) of the EPBC Act, which empowers the Minister to declare a distinct population of biological entities as a species. The policy objective of this determination is to ensure the protection and conservation of this distinct population, aligning with the broader aims of the EPBC Act to safeguard biodiversity. The determination was based on advice from the Threatened Species Scientific Committee, which recommended the classification of this population as a separate species. Public consultation was deemed unnecessary due to the technical nature of the amendment, and the Minister was satisfied that adequate consultation had been conducted. The determination is exempt from sunsetting provisions, reflecting the enduring nature of such classifications and their importance for the ongoing protection of biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation (Mogurnda adspersa) (Murray-Darling Basin population) (433) Determination 2026, issued under the authority of the Environment Protection and Biodiversity Conservation Act 1999, aims to identify Mogurnda adspersa as a distinct species within the Murray-Darling Basin, thereby ensuring its protection and conservation under the Act. This determination applies to any conduct or transactions that may affect the specified population of biological entities within its jurisdiction. The Act operates on a national level, encompassing all states and territories within Australia, to safeguard biodiversity and threatened species, including the Mogurnda adspersa population. The application of the Act extends through subordinate instruments that may further define or refine its scope, ensuring enduring protection for this species. The exemption from sunsetting provisions ensures that such determinations remain in effect indefinitely, which is crucial for the sustained protection of the species. The legislative instrument is designed to be enduring and does not benefit from regular review, ensuring consistent protection for the species regardless of statutory deadlines.

Key Provisions

The Environment Protection and Biodiversity Conservation (Mogurnda adspersa) (Murray-Darling Basin population) (433) Determination 2026 (the Determination) is made under subsection 517(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and establishes that the Mogurnda adspersa (Murray-Darling Basin population) is a species for the purposes of the EPBC Act (Section 4). The Determination was made after the Threatened Species Scientific Committee provided advice, which the Minister considered sufficient. This instrument does not require public consultation due to its technical nature. It commences on the day after it is registered (Section 2) and is exempt from sunsetting, as it is designed to be enduring and not subject to regular review (Section 54(2)(b) of the Legislation Act 2003). The Determination imposes specific obligations on parties and entities governed by the EPBC Act by recognising the Mogurnda adspersa (Murray-Darling Basin population) as a distinct species. This recognition means that any actions impacting this species must comply with the provisions of the EPBC Act, including assessments under the Act for actions that may significantly affect this species. Additionally, it requires entities to consider the species' conservation status and take appropriate measures to protect it from harm. The EPBC Act provides for various offences and penalties for non-compliance with its provisions, including those relating to the protection of species. Offences may include unauthorised actions that significantly harm a listed species or failure to comply with an approval or licence. Penalties for such offences can include fines and imprisonment. For example, the maximum penalty for an offence under the EPBC Act can be up to $1.1 million for a corporation and up to five years' imprisonment for an individual, depending on the severity of the breach and the nature of the offence. Civil remedies and penalties may also be applicable, depending on the specific circumstances of non-compliance. The Determination itself does not directly impose penalties but ensures that the Mogurnda adspersa (Murray-Darling Basin population) is protected under the EPBC Act, thereby subjecting any actions affecting the species to the potential consequences outlined in the Act. This includes ensuring that any actions that may harm the species are assessed and approved under the Act, thereby maintaining the integrity of the species and its habitat.

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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.