EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 184(1)(a)

(Issued under the Authority of the Minister for Environment)

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 threatened species.

Section 183 of the Act provides for a list of key threatening processes (the List). Section 184 of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List or delete an item from the List.

The process for making amendments to the List is set out in Part 13, Division 1, Subdivision AA of the Act.

The purpose of this Instrument is to amend the List by:

• including ‘Aggressive exclusion of birds from potential woodland and forest habitat by over-abundant noisy miners (Manorina melanocephala)’

Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act.

The Threatened Species Scientific Committee (the Committee):

–        nominated the key threatening process and recommended it for inclusion in the Finalised Priority Assessment List for the assessment period commencing 1 October 2011;

–        published the Finalised Priority Assessment List September 2011 on the Departmental website; and

–        sought public comment on whether the nominated key threatening process was eligible for inclusion in the List.

The period for public comment was between 29 August and 12 October 2012. Two comments were received.

The Committee also consulted specific parties with relevant expertise regarding their views including:

–        University and institutional researchers with relevant expertise

–        Relevant Natural Resource Management and Conservation Management Authorities

–        Conservation and land management groups

–        Relevant federal, state and territory government departments

–        Relevant state threatened species scientific committees

The Committee prepared a written assessment of whether the nominated threatening process was eligible for inclusion in the List. The written assessment was provided to the Minister and considered in relation to the making of the Instrument.

This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.