List of Threatened Species Amendment (343) Instrument 2022

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2022L01312 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

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

 

Environment Protection and Biodiversity Conservation Act 1999

 

List of Threatened Species Amendment (343) Instrument 2022

 

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 separated into the following categories: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent. This list referred to in subsection 178(1) of the Act is contained in the Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 (List).

 

Paragraph 184(a) of the Act relevantly provides that the Minister may, by legislative instrument, amend the list referred to in section 178 by including items within the List in accordance with Subdivision AA.

 

The species being included in the List met the criteria for listing in the Endangered category under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) (see below).

 

Purpose of Instrument

 

The purpose of this Instrument is to amend the List by including each of the following species in the Endangered category in the List:

 

  • Bertya sp. Clouds Creek (M. Fatemi 4)
  • Calochilus pulchellus
  • Chiloglottis anaticeps
  • Macrozamia johnsonii

 

Bertya sp. Clouds Creek (M. Fatemi 4), is considered threatened due to habitat disturbance and modification, invasive species and climate change.

 

Calochilus pulchellus is considered threatened due to habitat loss and disturbance, invasive species, and climate change.

 

Chiloglottis anaticeps is considered threatened due to introduced species, habitat loss, habitat disturbance and modification, pollinator rarity and climate change.

 

Macrozamia johnsonii is considered threatened due to habitat loss and degradation, inappropriate fire regimes, climate change, disease and infestation by native insect species, and illegal collection.

 

Subsection 186(1) of the Act provides that the Minister must not include (whether as a result of a transfer or otherwise) a native species on the List in a particular category unless satisfied that the native species is eligible to be included in that category.

 

Subsection 179(4) of the Act provides that a native species is eligible to be included in the Endangered category at a particular time if, at that time, it is not critically endangered and it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with the prescribed criteria.

 

Regulation 7.01 of the Regulations provides that for section 179 of the Act, a native species is in the critically endangered, endangered, or vulnerable category if it meets any of the five criteria for the category mentioned in the table to that provision.

 

The Minister was satisfied that the requisite criteria was met for including Bertya sp. Clouds Creek (M. Fatemi 4), Calochilus pulchellus, Chiloglottis anaticeps and Macrozamia johnsonii in the Endangered category in the List.

 

Consultation

 

The process for making amendments to the List to include or transfer an item is set out in Part 13, Division 1, Subdivision AA of the Act. Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act.

 

Notice of the proposed amendment and a consultation document for each of the four species were made available for public comment for a minimum of 30 business days as required by subsection 194M(3) of the Act. Any public comments received that were relevant to the survival of the species were considered by the Threatened Species Scientific Committee (Committee) as part of the assessment process. Due to the nature of this consultation process, it was considered unnecessary to undertake additional consultation following the drafting of this specific instrument.

 

The Committee prepared a written assessment on whether the nominated species were eligible for inclusion in the List. The Committee assessed Bertya sp. Clouds Creek (M. Fatemi 4), Calochilus pulchellus, Chiloglottis anaticeps, Macrozamia johnsonii as eligible for inclusion in the Endangered category in the List.

 

In making this Instrument, the Minister considered the Committee’s written assessment and any comments received during the consultation period in accordance with Part 13, Division 1, Subdivision AA of the Act.

 

Details/ Operation

 

Details of the Instrument are set out in Attachment A.

 

This Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after registration.

 

The Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A statement of compatibility is set out in Attachment B.

 

Authority: sections 178 and 184(a) of the Environment Protection and Biodiversity Conservation Act 1999.

 

 

 

 

 

 

 

 

 

ATTACHMENT A

 

Details of the List of Threatened Species Amendment (343) Instrument 2022

 

 

Section 1 – Name

 

This section provides that the name of this instrument is the List of Threatened Species Amendment (343) Instrument 2022.

 

Section 2 – Commencement

 

This section provides that this instrument commences on the day after it is registered.

 

Section 3 – Authority

 

This section provides that this instrument is made under section 184 of the Environment Protection and Biodiversity Conservation Act 1999.

 

Section 4 – Schedules

 

This section specifies that the Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 is amended as outlined in Schedule 1 of the instrument.

 

 

Schedule 1- Amendments

 

Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999

 

Item 1 – SPECIES THAT ARE ENDANGERED

 

Item 1 amends the heading “SPECIES THAT ARE ENDANGERED” under the Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 to include in the appropriate position each of the following species: Bertya sp. Clouds Creek (M. Fatemi 4), Calochilus pulchellus, Chiloglottis anaticeps, Macrozamia johnsonii.


 

ATTACHMENT B

 

Statement of Compatibility with Human Rights

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

 

List of Threatened Species Amendment (343) Instrument 2022

 

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 Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species (List) to include the following species in the Endangered category in the List:

  • Bertya sp. Clouds Creek (M. Fatemi 4)
  • Calochilus pulchellus
  • Chiloglottis anaticeps
  • Macrozamia johnsonii.

 

The four species being included in the List met the criteria for listing in the relevant category under the Regulations.

 

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 Tanya Plibersek MP

Minister for the Environment and Water

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to protect the environment and conserve biodiversity, including threatened species. Pursuant to this Act, the Environment Protection and Biodiversity Conservation (List of Threatened Species) Amendment (343) Instrument 2022 was introduced to address the problem of insufficient protection for certain endangered species. This Instrument was made under the authority of the Minister for the Environment and Water, following consultation with the Threatened Species Scientific Committee and public feedback. The policy objective is to ensure that endangered species are listed to provide necessary protections against extinction, by including Bertya sp. Clouds Creek (M. Fatemi 4), Calochilus pulchellus, Chiloglottis anaticeps, and Macrozamia johnsonii in the Endangered category. These species face threats such as habitat loss, invasive species, climate change, and other factors necessitating urgent conservation efforts.

Scope and Application

The List of Threatened Species Amendment (343) Instrument 2022 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by including four specified species in the Endangered category of the list of threatened species. This list, as outlined in section 178 of the EPBC Act, is a declaration of species that are subject to varying degrees of threat, with the Endangered category applying to species that face a very high risk of extinction in the wild in the near future. The four species added to the list are Bertya sp. Clouds Creek (M. Fatemi 4), Calochilus pulchellus, Chiloglottis anaticeps, and Macrozamia johnsonii, each of which has been assessed by the Threatened Species Scientific Committee as meeting the criteria for inclusion in the Endangered category based on factors such as habitat loss, invasive species, climate change, and inappropriate fire regimes. This legislative instrument applies across the Commonwealth of Australia, and it is effective from the day after its registration. The instrument does not specify any exclusions, exemptions, or thresholds but may be further extended or restricted through subordinate instruments under the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The compatibility statement attached to this instrument confirms that it is consistent 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.

Key Provisions

The List of Threatened Species Amendment (343) Instrument 2022 amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding four species to the Endangered category of the List of Threatened Species. This means Bertya sp. Clouds Creek (M. Fatemi 4), Calochilus pulchellus, Chiloglottis anaticeps, and Macrozamia johnsonii are now officially recognised as endangered under the Act (sections 1, 4). These species were added due to specific threats such as habitat loss, invasive species, inappropriate fire regimes, climate change, and illegal collection. The Act imposes several obligations on parties or entities affected by these listings. For instance, activities that may harm these species or their habitats must comply with the Act and the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations). This includes obtaining necessary approvals under the Act for activities that might adversely affect these species (section 178). The Regulations provide detailed criteria and processes for determining eligibility for listing and the assessment of threats to species. Breaching the provisions of the Act or the Regulations can result in significant penalties. Under the Act, the maximum penalty for contravening provisions related to the protection of endangered species can include substantial fines and, in some cases, imprisonment. For example, section 347 imposes a penalty of up to 10,000 penalty units or imprisonment for five years, or both, for actions that cause harm to listed endangered species. Additionally, the Act includes provisions for civil penalties and remedies, allowing for compensation for damage caused to listed species or their habitats. The Instrument also addresses human rights considerations by providing a Statement of Compatibility with Human Rights under the Human Rights (Parliamentary Scrutiny) Act 2011. This statement confirms that the Instrument does not engage any of the applicable rights or freedoms, ensuring that the legislative changes align with the protection of human rights as recognised under international instruments. The compatibility statement underscores the Act's intent to balance environmental protection with respect for human rights.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.