EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 184(1)

(Issued under the Authority of the Minister for the Environment and Heritage)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and recognise, and where possible, abate key threatening processes listed on the list of threatened species, ecological communities and key threatening processes under the Act.

The purpose of this instrument is to amend the list of threatened species under the Act in accordance with s184 by:

• adding Arachnorchis actensis (Canberra Spider-orchid) and Corunastylis ectopa (Brindabella Midge-orchid) to the list of critically endangered species
• adding Bertya tasmanica (Tasmanian Bertya) to the list of endangered species
• removing Grevillea williamsonii (Williamson’s Grevillea) from the list

as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered, endangered and vulnerable species in s179 of the Act.

The Committee’s recommendations are as follows:

Arachnorchis actensis (Canberra Spider-orchid)

The Committee judged that the Canberra Spider-orchid is eligible for listing as critically endangered under the Act. The species met the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, two of the criteria for listing as critically endangered have been met:

Criterion 2: Its geographic distribution is precarious for the survival of the species and is very restricted, restricted or limited.

Criterion 3: The estimated total number of mature individuals is limited to a particular degree and: (a) evidence suggests that the number will continue to decline at a particular rate; or (b) the number is likely to continue to decline and its geographic distribution is precarious for its survival.

On this basis, the Committee recommends that this species be listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999.

On the basis of the advice of the Committee, I am satisfied that the Canberra Spider-orchid is eligible to be included in the critically endangered category.

Corunastylis ectopa (Brindabella Midge-orchid)

The Committee judged that the Brindabella Midge-orchid is eligible for listing as critically endangered under the Act. The species met the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, three of the criteria for listing as critically endangered have been met:

Criterion 2: Its geographic distribution is precarious for the survival of the species and is very restricted, restricted or limited.

Criterion 3: The estimated total number of mature individuals is limited to a particular degree and: (a) evidence suggests that the number will continue to decline at a particular rate; or (b) the number is likely to continue to decline and its geographic distribution is precarious for its survival.

Criterion 4: The estimated total number of mature individuals is extremely low, very low or low.

On this basis, the Committee recommends that this species be listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999.

On the basis of the advice of the Committee, I am satisfied that the Brindabella Midge-orchid is eligible to be included in the critically endangered category.

Bertya tasmanica (Tasmanian Bertya)

The Committee judged that the Tasmanian Bertya is eligible for listing as endangered under the Act. The species met the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, two of the criteria for listing as endangered have been met:

Criterion 2: Its geographic distribution is precarious for the survival of the species and is very restricted, restricted or limited.

Criterion 3: The estimated total number of mature individuals is limited to a particular degree and: (a) evidence suggests that the number will continue to decline at a particular rate; or (b) the number is likely to continue to decline and its geographic distribution is precarious for its survival.

On this basis, the Committee recommends that this species be listed as endangered under the Environment Protection and Biodiversity Conservation Act 1999.

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

Grevillea williamsonii (Williamson’s Grevillea)

The Committee judged that Williamson’s Grevillea is not eligible for listing under the Act. The species does not meet the criteria in the Act and EPBC Regulations (Part 7, Division 7.1 and 7.2) as Grevillea williamsonii is now considered to be an invalid taxon.

On this basis, the Committee recommends that the species be removed from the list under the Environment Protection and Biodiversity Conservation Act 1999.

On the basis of the advice of the Committee, I am satisfied that Williamson’s Grevillea is not eligible to be included in the list.

In deciding to include these species in the list, or remove from the list, I did not consider any matter that does not relate to the survival of these species.

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.