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 (352) Instrument 2023
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(d) of the Act provides that the Minister or delegate may, by legislative instrument, amend the List to correct an inaccuracy or update the name of a listed threatened species.
Purpose of Instrument
The purpose of this Instrument is to amend the List by correcting and updating the scientific name of one threatened species as follows:
- Marsdenia araujacea to Leichhardtia araujacea
The name changes results from:
- taxonomic revisions that have not altered the concept or description of the species;
- formal publication of species descriptions; and
- correction of species names.
Consultation
Subsection 189(1) of the Act requires the rule-maker, when deciding whether to amend the List under paragraph 184(d) of the Act, to obtain and consider advice from the Threatened Species Scientific Committee on the proposed amendment. That advice was sought and considered prior to the making of the Instrument. The Committee agreed to recommend the name changes identified above.
As this Instrument only corrects inaccuracies and updates names in the List and does not make any substantive changes to the List, extensive consultation was not undertaken. The department consulted with the Australian Biological Resources Study (ABRS). Due to the technical and scientific nature of this amendment, the Minister was satisfied that sufficient consultation had been undertaken.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after registration.
Authority: Paragraph 184(d) of the Environment Protection and Biodiversity Conservation Act 1999.
ATTACHMENT A
Details of the List of Threatened Species Amendment (352) Instrument 2023
Section 1 – Name
This section provides that the name of this instrument is the List of Threatened Species Amendment (352) Instrument 2023.
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 “EXTINCT”
Item 1 amends the name of a species under the heading “SPECIES THAT ARE EXTINCT” in the Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999, to change the name of the following species:
From Marsdenia araujacea to Leichhardtia araujacea
Overview
The List of Threatened Species Amendment (352) Instrument 2023 is an instrument under the Environment Protection and Biodiversity Conservation Act 1999, enacted to address the need for updating and correcting the scientific names of threatened species listed under the Act. The Act, enacted by the Commonwealth Parliament, aims to protect the environment and conserve biodiversity, including the protection of threatened species. The purpose of this specific instrument is to amend the list by correcting and updating the scientific name of one threatened species, Marsdenia araujacea, to Leichhardtia araujacea. This name change is the result of taxonomic revisions, formal publication of species descriptions, and correction of species names. While the instrument only corrects inaccuracies and updates names in the list without making any substantive changes, the Minister for the Environment and Water was satisfied that sufficient consultation had taken place with the relevant scientific authorities to warrant the amendments.
This legislative instrument is intended to maintain the accuracy and integrity of the list of threatened species, ensuring that conservation efforts are aligned with the most current scientific understanding. The instrument was made under the authority provided by paragraph 184(d) of the Environment Protection and Biodiversity Conservation Act 1999 and commenced the day after registration.
Scope and Application
The List of Threatened Species Amendment (352) Instrument 2023 amends the Environment Protection and Biodiversity Conservation Act 1999 by updating the scientific name of a species on the list of threatened species from Marsdenia araujacea to Leichhardtia araujacea. This amendment is made under the authority provided in the Act, specifically subsection 184(1) of the Act, which allows the Minister to amend the list by legislative instrument to correct inaccuracies or update names. The amendment applies to the named species listed under the Act's list of threatened species, focusing solely on the correction and updating of scientific names without altering the species' conservation status or the existing protective measures in place. The instrument has a national reach, impacting all jurisdictions within Australia, as it is a Commonwealth Act. There are no stated exclusions, exemptions, or thresholds in this particular instrument, and it does not extend or restrict application beyond what is specified in the Act itself. The commencement of the instrument is on the day after it is registered, as stipulated in Section 2 of the instrument.
Key Provisions
The main sections of this legislative instrument pertain to the correction and updating of the scientific name of a threatened species within the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 4 under the authority provided by subsection 184(d) of the EPBC Act, amends the List of Threatened Species by changing the name of the species Marsdenia araujacea to Leichhardtia araujacea. This change arises from taxonomic revisions, formal publication of species descriptions, and the correction of species names. The instrument's purpose is to ensure accuracy and consistency in the naming of species listed under the Act, without altering the concept or description of the species itself.
The obligations imposed by this legislative instrument on the parties or entities it governs primarily involve adherence to the updated nomenclature when referring to the species in question. This means that any actions, permits, or documentation related to the species now must use the updated scientific name, Leichhardtia araujacea, instead of its previous designation, Marsdenia araujacea. This requirement ensures that all legal and administrative processes concerning this species are conducted with precision and clarity, reflecting the most current scientific understanding.
There are no specific offences, penalties, or civil/criminal consequences outlined in this instrument for failing to comply with the name change. The instrument focuses solely on correcting and updating the name within the legislative framework, and the primary consequence of non-compliance would be the potential for confusion or misapplication of protections intended for the species. The importance of this correction lies in maintaining the integrity and effectiveness of the environmental protections afforded to threatened species under the EPBC Act. The legislative instrument ensures that all stakeholders, including government agencies, conservation bodies, and the public, are aligned in their understanding and application of the species' correct scientific name.