EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under sections 184(1)(a) and (b)

(Issued under the Authority of the

Minister for the Environment, Heritage and the Arts)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.

The purpose of this instrument is to:

1. Amend the list of threatened ecological communities under the Act in accordance with section 184(1)(a) of the Act by:

including in the list in the critically endangered category:

• Natural grasslands on basalt and fine-textured alluvial plains of northern New South Wales and southern Queensland; and

including in the list in the endangered category:

•      Natural grasslands of the Queensland Central Highlands and the northern Fitzroy Basin

as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered and endangered ecological communities in s182 of the Act.             

The Committee concluded that the Natural grasslands on basalt and fine-textured alluvial plains of northern New South Wales and southern Queensland ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

• Criterion 1 as critically endangered because its decline in geographic distribution is very severe;
• Criterion 2 as endangered because its geographic distribution is restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the near future; and
• Criterion 4 as vulnerable because although the reduction in integrity across most of its geographic distribution is severe as indicated by degradation of the ecological community, there is the possibility of regeneration within the near to immediate future.

On the basis of the advice of the Committee, I am satisfied that this ecological community is eligible to be included in the critically endangered category.

The Committee concluded that the Natural grasslands of the Queensland Central Highlands and the northern Fitzroy Basin ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

• Criterion 1 as vulnerable because its decline in geographic distribution is substantial;
• Criterion 2 as endangered because its geographic distribution is restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the near future;
• Criterion 4 as vulnerable because although the reduction in integrity across most of its geographic distribution is severe as indicated by degradation of the ecological community, there is the possibility of regeneration within the near to immediate future; and
• Criterion 5 as endangered because the rate of continuing detrimental change is severe as indicated by a rate of continuing decline in its geographic distribution.

On the basis of the advice of the Committee, I am satisfied that this ecological community is eligible to be included in the endangered category.

In deciding to include these two ecological communties are on the list, I only considered matters that relate to whether they are eligible to be included in those categories, or the effect that including the ecological communities in those categories could have on the survival of the ecological communities.

A general description of the ecological communities are included in the Instrument. However, a detailed description can be found in the Committee’s listing advice on the Departments website at www.environment.gov.au/epbc

Consultation on the nomination to amend the list of threatened ecological communities under the Act to include these ecological communities was undertaken before the legislative instrument was made. The nomination was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views.

2.  Amend the list of threatened ecological communities under the Act in accordance with section 184(1)(b) of the Act by:

deleting from the list in the endangered category:

• Bluegrass (Dichanthium spp.) dominant grasslands of the Brigalow Belt Bioregions (north and south);

The Committee concluded that upon listing of two new ecological communities, the listing of ‘Bluegrass (Dichanthium spp.) dominant grasslands of the Brigalow Belt Bioregions (north and south)’ is no longer contributing to the survival of the ecological community. Continuous protection of the Bluegrass ecological community will be achieved by replacing the current listing with ‘Natural grasslands on basalt and fine-textured alluvial plains of northern New South Wales and southern Queensland’ and ‘Natural grasslands of the Queensland Central Highlands and the northern Fitzroy Basin’ These two distinct ecological communities will incorporate Bluegrass (Dichanthium spp.) and Plains Grass (Austrostipa aristiglumis) and will be divided on climatic, geographic and broader floristic grounds.

On the basis of the advice of the Committee, I am satisfied that the inclusion of this ecological community in the endangered category is not contributing to its survival.

In deciding to delete it from the list, I only considered matters that relate to the effect that the inclusion in the endangered category is having on the survival of the ecological community.

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.