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 EPBC 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 EPBC Act.

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

including in the list in the endangered category

•  Engaeus granulatus (Central North Burrowing Crayfish)
•  Placostylus bivaricosus (Lord Howe Flax Snail)

deleting from the list in the vulnerable category

• Acacia perangusta (Eprapah Wattle)

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 EPBC Act.

The Committee’s recommendations are as follows:

Engaeus granulatus (Central North Burrowing Crayfish)

The evidence presented in the nomination and submitted by experts enabled the Committee to judge that the Central North Burrowing Crayfish is eligible for listing as endangered under the EPBC Act. The species met the criteria in the EPBC 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. This is:

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

On this basis, the Committee recommends that the 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 Engaeus granulatus (Central North Burrowing Crayfish) is eligible to be included in the endangered 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.

Placostylus bivaricosus (Lord Howe Flax Snail)

The evidence presented in the nomination enabled the Committee to judge that the Lord Howe Flax Snail is eligible for listing as endangered under the EPBC Act. The species met the criteria in the EPBC Act and EPBC Regulations (Part 7, Division 7.1 and 7.2). In particular, three of the criteria for listing as endangered have been met. These are:

Criterion 1: It has undergone, is suspected to have undergone or is likely to undergo in the immediate future a severe reduction in numbers.

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

Criterion 3: The estimated total number of mature individuals is low, and the number is likely to continue to decline and its geographic distribution is precarious for its survival.

On this basis, the Committee recommends that the 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 Placostylus bivaricosus (Lord Howe Flax Snail) is eligible to be included in the endangered 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.

Acacia perangusta (Eprapah Wattle)

The Committee judged that the Eprapah Wattle 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 Acacia perangusta 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 the Eprapah Wattle is not eligible to be included in the list.

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