EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of Threatened Species Amendment (257) Instrument 2021
Background
The Environment Protection and Biodiversity Conservation Act 1999 (Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Subsection 178(1) of the Act provides that the Minister must, by legislative instrument, establish a list of threatened species (List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.
Subsection 184(d) of the Act relevantly provides that the Minister may, by legislative instrument, amend the List by correcting an inaccuracy or updating the name of a listed threatened species or ecological community.
Subsection 515(1) of the Act provides that the Minister may, by signed instrument, delegate all or any of her powers or functions under the Act to an officer or employee in the Department. The current delegations under the Act provide for the delegate to exercise the Minister’s powers and functions under subsection 184(d) of the Act on the Minister’s behalf.
Purpose of the instrument
The purpose of this Instrument is to amend the List by correcting and updating the scientific names of threatened species included in the List as set out below:
- Correcting Dendronepthya australis to Dendronephthya australis; and
- Updating Pityrodia scabra to Pityrodia scabra subsp. scabra.
These name changes result from:
- Correction of a binomial name (Dendronepthya australis to Dendronephthya australis); and
- Updating the description of a subspecies that was previously included in the circumscription of a listed species (Pityrodia scabra to Pityrodia scabra subsp. scabra).
Updating names of species in the List ensures that the authoritative guide for the state of Australia’s biodiversity uses the correct names.
Consultation
Subsection 189(1) provides that the Minister must obtain and consider advice from the Commonwealth Threatened Species Scientific Committee (Committee) in deciding whether to make an amendment covered by subsection 184(d). The Committee was consulted regarding the proposed changes and were supportive of them.
Paragraph 17(1)(a) of the Legislation Act 2003 states that before a legislative instrument is made, the rule-maker must be satisfied that there has been undertaken any consultation that is considered by the rule-maker to be appropriate and reasonably practicable to undertake. As this Instrument only corrects and updates the scientific names of threatened species, and does not make any substantial changes to the List, public consultation was not undertaken.
While additional consultation was not required, the Australian Biological Resources Study (ABRS) was consulted regarding the proposed changes. ABRS were supportive of the proposed changes.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003, and commences the day after registration.
Authority: sections 178 and 184(d) of the Environment Protection and Biodiversity Conservation Act 1999.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the
List of Threatened Species Amendment (257) Instrument 2021
This 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 this Legislative Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species by:
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.
The Hon Sussan Ley MP Minister for the Environment
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