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 Paragalaxias mesotes (Arthurs Paragalaxias), and Galaxias auratus (Golden Galaxias) to the list of endangered species

• removing from the list of endangered species and adding to the list of extinct in the wild species Galaxias pedderensis (Pedder Galaxias)

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

The Committee’s recommendations are as follows:

Paragalaxias mesotes (Arthurs Paragalaxias)

The Committee judged that the Arthurs Paragalaxias 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 1: It has undergone, is suspected to have undergone or is likely to undergo in the immediate future a very severe, severe or substantial reduction in numbers.

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

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 Arthurs Paragalaxias is eligible to be included in the endangered category.

Galaxias auratus (Golden Galaxias)

The Committee judged that the Golden Galaxias 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, one of the criteria for listing as endangered has been met:

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

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 Golden Galaxias is eligible to be included in the endangered category.

Galaxias pedderensis (Pedder Galaxias)

The Committee judged that the Pedder Galaxias is eligible for listing as extinct in the wild under the Act. The species met the criteria in the Act (s179 (2)):

A native species is eligible to be included in the extinct in the wild category at a particular time if, at that time:

(a)   it is known only to survive in cultivation, in captivity, or as a naturalised  population well outside its past range; or

(b)   it has not been recorded in its known and/or expected habitat, at appropriate seasons, anywhere in its past range, despite exhaustive surveys over a time frame appropriate to its life cycle and form.

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

On the basis of the advice of the Committee, I am satisfied that the Pedder Galaxias is eligible to be included in the extinct in the wild category.

In deciding to include these species in 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.