EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 184(1)

(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 species.

The purpose of this instrument is to amend the list of threatened species under the Act in accordance with s184(1) of the Act by:

including in the list in the critically endangered category:

• Caladenia cremna
• Lasiopetalum sp. Proston (J.A.Baker 17)
• Nematoceras dienemum
• Pterostylis sp. Flat Rock Creek (D.L.Jones 15873 & K.J.Fitzgerald)

as recommended by the Threatened Species Scientific Committee (the Committee).

On the basis of the assessment and advice of the Committee, I am satisfied that these native species are eligible to be included in the critically endangered category. In deciding to include them in the list, I only considered matters that relate to whether these native species are eligible to be included in that category, or the effect that including these native species in this category could have on the survival of these native species.

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

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.