EXPLANATORY STATEMENT
Issued under the Authority of the Minister for the Environment and Water
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation (Threat Abatement Plan for ecosystem degradation, habitat loss and species decline due to invasion by five invasive grass species 2026) Instrument 2026
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of native species and ecological communities affected by key threatening processes.
Legislative Authority
Part 13, Division 5, Subdivision A of the Act provides for the making, or adoption, of threat abatement plans for key threatening processes, which bind the Commonwealth and Commonwealth agencies.
Subsection 270B(3) of the Act provides that the Minister may make a written threat abatement plan for the purposes of reducing the effect of a key threatening process, jointly with the States and self-governing Territories in which the process occurs, or with agencies of those States and Territories.
Purpose and operation
The purpose of this Instrument is to make the Threat Abatement Plan for ecosystem degradation, habitat loss and species decline due to the invasion of northern Australia by introduced gamba grass, para grass, olive hymenachne, mission grass and annual mission grass 2026 (the Threat Abatement Plan) jointly with New South Wales and the Northern Territory.
‘Ecosystem degradation, habitat loss and species decline due to invasion of northern Australia by introduced Gamba Grass (Andropogon gayanus), Para Grass (Urochloa mutica), Olive Hymenachne (Hymenachne amplexicaulis), Mission Grass (Pennisetum polystachion) and Annual Mission Grass (Pennisetum pedicellatum)’ is listed as a key threatening process under section 183 of the Act. The Threat Abatement Plan provides for the research, management and other actions necessary to reduce the key threatening process to an acceptable level to maximise the chances of the long-term survival in nature of native species and ecological communities (including listed threatened species and ecological communities) affected by the process. The key threatening process occurs in New South Wales, the Northern Territory, Western Australia and Queensland, and the Threat Abatement Plan covers the full distribution of the process.
The jointly made Threat Abatement Plan was developed by the Department of Climate Change, Energy, the Environment and Water, with contributions from other levels of government, natural resource managers, scientific experts and First Nations people.
This is the second threat abatement plan under the Act for the ‘Ecosystem degradation, habitat loss and species decline due to invasion of northern Australia by introduced Gamba Grass (Andropogon gayanus), Para Grass (Urochloa mutica), Olive Hymenachne (Hymenachne amplexicaulis), Mission Grass (Pennisetum polystachion) and Annual Mission Grass (Pennisetum pedicellatum)’ key threatening process, which displaces the previous plan made under the Act in 2012, entitled Threat Abatement Plan to reduce the impacts on northern Australia’s biodiversity by the five listed grasses.
Consultation
In the development of the Threat Abatement Plan, a wide range of stakeholders were consulted including scientific experts, First Nations people, relevant Australian Government agencies, State and Territory government agencies, Natural Resource Management bodies, the pastoral sector, conservation organisations, and not-for-profit organisations.
In accordance with section 275 of the Act, public comment was invited on the draft Threat Abatement Plan for a minimum of three months. A notice inviting comments on the draft Threat Abatement Plan was advertised in the Gazette, The Australian newspaper and on the website of the Australian Government Department of Climate Change, Energy, the Environment and Water. Correspondence was sent to key stakeholders, and to state and territory government environment and agriculture agencies where the key threatening process occurs, to inform them of the invitation to comment on the Threat Abatement Plan.
Nineteen written comments were received on the Threat Abatement Plan. All comments were carefully reviewed. In response to these comments, additional information was added to the Threat Abatement Plan, references and data were updated, and content was revised as appropriate, including to improve clarity. As required by section 276 of the Act, all comments were considered by the Minister in jointly making the Threat Abatement Plan.
The Minister consulted with the environment Minister of each State and self-governing Territory in which the process occurs, as required by paragraph 270B(5)(a) of the Act. The New South Wales and the Northen Territory Ministers agreed to jointly make the Threat Abatement Plan. The Western Australian and Queensland environment Ministers both declined the invitation to jointly make the Threat Abatement Plan.
In accordance with section 274 of the Act, the advice of the Threatened Species Scientific Committee was also obtained on the content of the Threat Abatement Plan and considered by the Minister before jointly making the Threat Abatement Plan.
Meeting the requirements of section 271 of the Act
Section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2025 (the Regulations) require that threat abatement plans include certain content, such as stating the objectives of the plan and specifying the actions needed to achieve the objectives. The Threat Abatement Plan contains the content prescribed under the Act and the Regulations.
The Department of Climate Change, Energy, the Environment and Water, and the Threatened Species Scientific Committee, assessed the Threat Abatement Plan and both concluded that it complies with the requirements of section 271 of the Act and regulation 7.12 of the Regulations.
Subsection 271(1) of the Act provides that a threat abatement plan must provide for the research, management and other actions necessary to reduce the key threatening process to an acceptable level to maximise the chances of the long-term survival in nature of native species and ecological communities affected by the process. The Threat Abatement Plan was assessed as compliant in this respect.
Subsection 271(2) of the Act provides that a threat abatement plan must particularly include the material specified in that subsection. The Threat Abatement Plan:
- states the objectives to be achieved;
- states the criteria against which achievement of the objectives are to be measured;
- specifies the actions needed to achieve the objectives; and
- meets prescribed criteria (if any) and contains provisions of a prescribed kind (if any).
The Threat Abatement Plan was assessed as compliant in respect of paragraphs (a), (b) and (c) and (g) of subsection 271(2) of the Act.
Details
Details of the Instrument are set out in Attachment A.
Commencement
The Instrument commences on the day after it is registered on the Federal Register of Legislation.
Sunsetting and disallowance requirements
The Instrument is made under subsection 270B(3) of the Act and it is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
The Instrument is subject to the disallowance process under section 42 of the Legislation Act.
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 with Human Rights is set out in Attachment B.
The Instrument is exempt from sunsetting in accordance with item 24 of the table under section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015.
ATTACHMENT A
Details of the Environment Protection and Biodiversity Conservation (Threat Abatement Plan for ecosystem degradation, habitat loss and species decline due to invasion by five invasive grass species 2026) Instrument 2026
Section 1 – Name
This section provides that the title of the Instrument is the Environment Protection and Biodiversity Conservation (Threat Abatement Plan for ecosystem degradation, habitat loss and species decline due to invasion by five invasive grass species 2026) Instrument 2026 (the Instrument).
Section 2 – Commencement
This section provides that the Instrument commences the day after it is registered.
Section 3 – Authority
This section provides that the Instrument is made under subsection 270B(3) of the Environment Protection and Biodiversity Conservation Act 1999.
Section 4 – Jointly made threat abatement plan
This section provides that the Threat Abatement Plan for ecosystem degradation, habitat loss and species decline due to the invasion of northern Australia by introduced gamba grass, para grass, olive hymenachne, mission grass and annual mission grass 2026 in the Instrument is jointly made with the State of New South Wales and the Northern Territory.
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 (Threat Abatement Plan for ecosystem degradation, habitat loss and species decline due to invasion by five invasive grass species 2026) Instrument 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 jointly make the Threat Abatement Plan for ecosystem degradation, habitat loss and species decline due to the invasion of northern Australia by introduced gamba grass, para grass, olive hymenachne, mission grass and annual mission grass 2026 (the Threat Abatement Plan) in this instrument with New South Wales and the Northern Territory, pursuant to subsection 270B(3) of the Environment Protection and Biodiversity Conservation Act 1999.
The Threat Abatement Plan provides for the research, management and other actions necessary to reduce the key threatening process of ‘Ecosystem degradation, habitat loss and species decline due to invasion of northern Australia by introduced Gamba Grass (Andropogon gayanus), Para Grass (Urochloa mutica), Olive Hymenachne (Hymenachne amplexicaulis), Mission Grass (Pennisetum polystachion) and Annual Mission Grass (Pennisetum pedicellatum)’ to an acceptable level to maximise the chances of the long-term survival in nature of native species and ecological communities (including listed threatened species and ecological communities) affected by the process.
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.
Senator the Hon Murray Watt
Minister for the Environment and Water