Inclusion of species in the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (31/03/05)

Administered by Department of the Environment and Energy

Legislation au F2005L00913 Not in force Legislative Instrument

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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 Limonium baudinii (Baudin’s Sea-lavender), Boronia gunnii (Gunn’s Boronia), Boronia hemichiton (Mount Arthur Boronia), and Boronia hippopala (Velvet Boronia) to the list of vulnerable species;

 

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:

 

  1. Limonium baudinii (Baudin’s Sea-lavender)

The evidence presented in the nomination and submitted by experts enabled the Committee to judge that Limonium baudinii is eligible for listing as vulnerable 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 vulnerable has been met.  This is:

 

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

 

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

 

On the basis of the advice of the Committee, I am satisfied that Limonium baudinii (Baudin’s Sea-lavender) is eligible to be included in the vulnerable category.

 

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

 

 

2.      Boronia gunnii (Gunn’s Boronia)

The evidence presented in the nomination and submitted by experts enabled the Committee to judge that Boronia gunnii is eligible for listing as vulnerable 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 vulnerable has been met. This is:

 

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

 

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

 

On the basis of the advice of the Committee, I am satisfied that Boronia gunnii (Gunn’s Boronia) is eligible to be included in the vulnerable category.

 

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

 

 

3.      Boronia hemichiton (Mount Arthur Boronia)

The evidence presented in the nomination and submitted by experts enabled the Committee to judge that Boronia hemichiton is eligible for listing as vulnerable 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 vulnerable has been met.  This is:

 

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

 

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

 

On the basis of the advice of the Committee, I am satisfied that Boronia hemichiton (Mount Arthur Boronia) is eligible to be included in the vulnerable category.

 

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

 

 

4.      Boronia hippopala (Velvet Boronia)

The evidence presented in the nomination and submitted by experts enabled the Committee to judge that Boronia hippopala is eligible for listing as vulnerable 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 vulnerable has been met.  This is:

 

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

 

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

 

On the basis of the advice of the Committee, I am satisfied that Boronia hippopala (Velvet Boronia) is eligible to be included in the vulnerable category.

 

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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the problem of protecting and conserving threatened species and ecological communities, and mitigating key threatening processes in Australia. This Act was introduced by the Parliament of Australia and aims to provide a comprehensive framework for the protection of biodiversity. In line with this objective, an instrument under section 184(1) of the Act was issued to amend the list of threatened species by adding Limonium baudinii, Boronia gunnii, Boronia hemichiton, and Boronia hippopala to the list of vulnerable species. This decision was based on the recommendations of the Threatened Species Scientific Committee, which evaluated the eligibility of these species under the criteria outlined in the Act and the Environment Protection and Biodiversity Conservation Regulations. The inclusion of these species in the vulnerable category is intended to ensure their protection and conservation, thereby contributing to the overarching policy objective of the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to the protection and conservation of threatened species and ecological communities, as well as the recognition and abatement of key threatening processes. This Act places obligations on the Commonwealth to ensure the preservation of biodiversity across the nation. The Act applies to individuals, companies, and other entities that may impact listed threatened species, ecological communities, or key threatening processes. The geographic reach of the Act extends across the Commonwealth of Australia, including territories, and applies to actions that may affect listed species and communities both within and outside Australia. This instrument amends the list of threatened species by adding four species to the vulnerable category, as recommended by the Threatened Species Scientific Committee, based on specific criteria outlined in the Act and its regulations. The Act can extend its application through subordinate instruments, which may provide further detail or specific regulations concerning listed species or ecological communities.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is an important piece of legislation that mandates the Commonwealth to protect and conserve threatened species and ecological communities, and where possible, abate key threatening processes. Section 184 of the Act allows for the amendment of the list of threatened species, ecological communities, and key threatening processes. This particular legislative instrument amends the list of threatened species by adding Limonium baudinii (Baudin’s Sea-lavender), Boronia gunnii (Gunn’s Boronia), Boronia hemichiton (Mount Arthur Boronia), and Boronia hippopala (Velvet Boronia) to the list of vulnerable species. These additions are based on the recommendations of the Threatened Species Scientific Committee, which assessed the species against the criteria outlined in sections 179, 183, and 184 of the Act, and the relevant regulations. The Act imposes several obligations on the parties and entities it governs. For instance, it requires the Minister for the Environment and Heritage to consider the advice of the Threatened Species Scientific Committee when deciding to list a species as vulnerable. It also mandates that any decision to list a species be based solely on matters relating to the survival of the species. Furthermore, the Act requires the Commonwealth to take necessary measures to protect and conserve listed species and to recognise and where possible, abate key threatening processes. In this case, the instrument requires the Commonwealth to implement measures to protect the listed species from further decline and to monitor their populations. The Act also outlines the consequences for breaches. Offences under the Act can result in both civil and criminal penalties. For instance, knowingly or recklessly causing harm to a listed species can result in fines and imprisonment. The maximum penalties for such offences vary depending on the nature and extent of the breach, but can include fines of up to $210,000 for individuals and $1.05 million for corporations, as well as imprisonment for up to five years. Additionally, the Act allows for the imposition of administrative penalties for non-compliance with certain requirements, such as the preparation and submission of action statements and recovery plans. The maximum administrative penalties can also include fines of up to $210,000 for individuals and $1.05 million for corporations. These provisions underscore the importance of compliance with the Act and the potential legal ramifications of non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.