EXPLANATORY STATEMENT

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

Environment Protection and Biodiversity Conservation Act 1999

List of Threatened Ecological Communities Amendment (EC189) Instrument 2025

Background

The Environment Protection and Biodiversity Conservation Act 1999 (Act) provides for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened ecological communities.

Under section 181 of the Act, the Minister must, by legislative instrument, establish a list of threatened ecological communities (List) divided into the following categories: critically endangered; endangered; and vulnerable.

Under paragraph 184(a) of the Act, the Minister may, by legislative instrument, amend the List by including items in the List in accordance with Part 13, Division 1, Subdivision AA of the Act.

Purpose of the Instrument

The purpose of this instrument is to amend the List by including in the critically endangered category: Dry rainforests of south-east New South Wales and eastern Victoria, as recommended by the Threatened Species Scientific Committee (Committee), having regard to its eligibility for the critically endangered category under subsection 182(1) of the Act.

The Committee concluded that the Dry rainforests of south-east New South Wales and eastern Victoria ecological community met the criteria specified in specified in regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

• Criterion 2 as critically endangered because it has a very restricted geographic distribution and numerous ongoing threats, and the nature of these makes it likely that the action of a threatening process could cause it to be lost in the immediate future; and
• Criterion 4 as critically endangered because of a very severe reduction in integrity across most of its geographic distribution, as indicated by a very severe degradation of the community and its habitat and a very severe disruption of important community processes.

On the basis of the assessment and advice of the Committee, the Minister was satisfied that this ecological community is eligible to be included in the critically endangered category. In deciding to include it in the List, the Minister only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community.

Consultation

Consultation to amend the List under the Act to include this ecological community was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act.

A draft assessment was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were considered by the Committee and forwarded to the Minister for consideration. Given the extensive consultation undertaken on the proposed listing contained in the legislative instrument, it was not necessary to consult on the text of the instrument itself.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

This instrument will commence on the day after it is registered on the Federal Register of Legislation.

Authority: section 181 and paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

List of Threatened Ecological Communities Amendment (EC189) Instrument 2025

The legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened ecological communities by including the ‘Dry rainforests of south-east New South Wales and eastern Victoria’ in the critically endangered category of the List.

The Dry rainforests of south-east New South Wales and eastern Victoria ecological community has been included in the critically endangered category of the List because it met the criteria whereby: its geographic distribution is very restricted, several threatening processes have very severely impacted the integrity of the ecological community and its ability to recover, and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the immediate future.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Senator the Hon Murray Watt

Minister for the Environment and Water