List of Threatened Species Amendment (345) Instrument 2022

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

Legislation au F2022L01311 Not in force Legislative Instrument

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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 (345) 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 (List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.

 

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 Vulnerable, Endangered and Critically 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 the following species in the List:

 

  • Melanotaenia sp. nov. ‘Malanda’ in the Critically Endangered category.
  • Stagonopleura bella samueli in the Endangered category
  • Hemiaspis damelii in the Endangered category
  • Notamacropus parma in the Vulnerable category.

Melanotaenia sp. nov. ‘Malanda’ is considered threatened due to introduced species, habitat loss, disturbance and modification and climate change.

 

Stagonopleura bella samueli is considered threatened due to fire regimes that cause declines in biodiversity, climate change, habitat loss, degradation and fragmentation and invasive species.

 

Hemiaspis damelii is considered threatened due to agricultural practices, water management, invasive species, mining activities and fire regimes which cause declines in biodiversity.

 

Notamacropus parma is considered threatened due to habitat loss, disturbance and modification, invasive species and climate change.

 

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(3) of the Act provides that a native species is eligible to be included in the Critically Endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.

 

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.

 

Subsection 179(5) of the Act provides that a native species is eligible to be included in the Vulnerable category at a particular time if, at that time, it is not critically endangered or endangered and it is facing a high risk of extinction in the wild in the medium-term 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 Melanotaenia sp. nov. ‘Malanda’ in the Critically Endangered category in the List; Stagonopleura bella samueli in the Endangered category in the List; Hemiaspis damelii in the Endangered category in the List; and Notamacropus parma in the Vulnerable 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 was made available for public comment for a minimum of 30 business days as required by subsection 194M(3). 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.

 

The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The Committee assessed Melanotaenia sp. nov. ‘Malanda’ as eligible for inclusion in the Critically Endangered category in the List; Stagonopleura bella samueli as eligible for inclusion in the Endangered category in the List; Hemiaspis damelii as eligible for inclusion in the Endangered category in the List and Notamacropus parma as eligible for inclusion in the Vulnerable 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.

 

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(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 CRITICALLY ENDANGERED

 

Item 1 amends the heading “SPECIES THAT ARE CRITICALLY 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: Melanotaenia sp. nov. ‘Malanda’.

 

Item 2 – SPECIES THAT ARE ENDANGERED

 

Item 2 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: Hemiaspis damelii, Stagonopleura bella samueli

 

Item 3 – SPECIES THAT ARE VULNERABLE

 

Item 2 amends the heading “SPECIES THAT ARE VULNERABLE” 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: Notamacropus parma.


 

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 (345) 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 to:

  • Include Melanotaenia sp. nov. ‘Malanda’ in the Critically Endangered category in the List.
  • Include Stagonopleura bella samueli in the Endangered category in the List.
  • Include Hemiaspis damelii in the Endangered category in the List.
  • Include Notamacropus parma in the Vulnerable category in the List.

The species being included and transferred 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 (the Act) is a fundamental piece of Australian legislation aimed at safeguarding the environment and conserving biodiversity, including protecting and conserving threatened species. Enacted by the Australian Parliament, the Act empowers the Minister for the Environment and Water to establish and amend a list of threatened species, ensuring that conservation efforts are based on rigorous criteria and scientific assessments. The Act’s policy objective is to provide a structured and legally enforceable framework for the protection of threatened species, thereby contributing to the preservation of Australia’s unique natural heritage. The List of Threatened Species Amendment (345) Instrument 2022 is a legislative instrument made under the authority of the Act. It amends the list of threatened species by including Melanotaenia sp. nov. ‘Malanda’ in the Critically Endangered category, Stagonopleura bella samueli and Hemiaspis damelii in the Endangered category, and Notamacropus parma in the Vulnerable category. These amendments were made after careful consideration of the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000, and following public consultation as required by the Act. The Instrument ensures that species facing significant threats are recognised and protected under the Act, supporting broader conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Act) facilitates the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. Under the authority conferred by the Act, the Minister for the Environment and Water has issued the List of Threatened Species Amendment (345) Instrument 2022 to amend the List of Threatened Species. This amendment involves the inclusion of four species, each placed in a specific category based on their threat status. Specifically, Melanotaenia sp. nov. ‘Malanda’ is classified as Critically Endangered, Stagonopleura bella samueli and Hemiaspis damelii as Endangered, and Notamacropus parma as Vulnerable. The inclusion of these species was determined after meeting the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000, following a rigorous assessment by the Threatened Species Scientific Committee and a public consultation process. The Instrument is applicable nationally across Australia and is consistent with the human rights recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The key provisions of the List of Threatened Species Amendment (345) Instrument 2022 involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 178 and 184(a)). Specifically, the Instrument amends the List of Threatened Species by adding four new species: Melanotaenia sp. nov. ‘Malanda’ in the Critically Endangered category, Stagonopleura bella samueli and Hemiaspis damelii in the Endangered category, and Notamacropus parma in the Vulnerable category (Schedule 1). The Minister for the Environment and Water has the authority to make such amendments under the EPBC Act, and the changes come into effect on the day after the Instrument is registered. The obligations imposed by the Instrument on the parties it governs primarily relate to the conservation and protection of the newly listed species. As these species are now listed, any activities that may impact these species must be assessed under the EPBC Act, and relevant approvals or authorisations may be required. This includes activities that could potentially harm the species' habitat, which are subject to stricter regulations and monitoring. The Instrument also outlines the potential consequences for breaches of the Act. Under the EPBC Act, there are both civil and criminal penalties for contravening the provisions related to threatened species. Civil penalties include fines, with the maximum penalty varying depending on the offence but potentially reaching up to $222,200 for corporations and $44,440 for individuals for serious offences. Criminal penalties can include imprisonment terms, with the maximum penalty depending on the severity of the offence but potentially reaching up to five years for individuals and higher for corporations. These penalties underscore the importance of compliance with the conservation requirements set out in the EPBC Act.

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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.