List of Threatened Species Amendment (375) Instrument 2023

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

Legislation au F2023L01199 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 (375) 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 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 meet the criteria for listing in the Vulnerable, Endangered and Critically Endangered categories under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations).

 

Purpose of Instrument

 

The purpose of this Instrument is to amend the List by:

 

  • Including the following species:

 

  • Assa wollumbin in the Critically Endangered category
  • Austroablepharus barrylyoni in the Critically Endangered category.
  • Saltuarius kateae in the in the Endangered category.
  • Assa darlingtoni in the Vulnerable category.
  • Harrisoniascincus zia in the Vulnerable category.
  • Litoria subglandulosa in the Vulnerable category.

 

Assa wollumbin is considered threatened due to fire, climate change, invasive species, pathogens and disease, habitat disturbance.

 

Austroablepharus barrylyoni is considered threatened due to habitat loss and degradation.

 

Saltuarius kateae is considered threatened due to weeds, fire, illegal collection, and predation by invasive species.

 

Assa darlingtoni is considered threatened due to fire, climate change, invasive species, and habitat disturbance.

 

Harrisoniascincus zia is considered threatened due to climate change, fire, and habitat loss and degradation.

 

Litoria subglandulosa is considered threatened due to disturbance, invasive species and disease, fire, climate change and altered water regimes.

 

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 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 Assa wollumbin and Austroablepharus barrylyoni in the Critically Endangered category in the List. The Minister was satisfied that the requisite criteria was met for including Saltuarius kateae in the Endangered category in the List. The Minister was satisfied that the requisite criteria was met for including Assa darlingtoni, Harrisoniascincus zia and Litoria subglandulosa 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) 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.

 

The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The Committee assessed Assa wollumbin and Austroablepharus barrylyoni as eligible for inclusion in the Critically Endangered category in the List. The Committee assessed Saltuarius kateae as eligible for inclusion in the Endangered category in the List. The Committee assessed Assa darlingtoni and Harrisoniascincus zia 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.

 

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.

 

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 (375) Instrument 2023

 

Section 1 – Name

 

This section provides that the name of this instrument is the List of Threatened Species Amendment (375) 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 (principal instrument) 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 list under the heading “SPECIES THAT ARE CRITICALLY ENDANGERED” to include in the appropriate position each of the following species:

 

(a)                    Assa wollumbin

(b)                   Austroablepharus barrylyoni

 

Item 2 – SPECIES THAT ARE ENDANGERED

 

Item 2 amends the list under the heading “SPECIES THAT ARE ENDANGERED” to include in the appropriate position each of the following species:

 

(a)                    Saltuarius kateae

 

Item 3 – SPECIES THAT ARE VULNERABLE

 

Item 3 amends the list under the heading “SPECIES THAT ARE VULNERABLE” to include in the appropriate position each of the following species:

 

(a)                    Assa darlingtoni

(b)                   Harrisoniascincus zia

(c)                    Litoria subglandulosa

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 (375) Instrument 2023

 

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 Assa wollumbin in the Critically Endangered category.
  • Include Austroablepharus barrylyoni in the Critically Endangered category.
  • Include Saltuarius kateae in the Endangered category.
  • Include Assa darlingtoni in the Vulnerable category.
  • Include Harrisoniascincus zia in the Vulnerable category.
  • Include Litoria subglandulosa in the Vulnerable category.

The species being included in the List meet the criteria for listing in the relevant category under the Environment Protection and Biodiversity Conservation Regulations 2000.

 

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 provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. Under the Act, the Minister is required to establish a list of threatened species, which is detailed in the Declaration under sections 178, 181, and 183 of the EPBC Act. The List of Threatened Species Amendment (375) Instrument 2023 amends the List by adding six species into the categories of Critically Endangered, Endangered, and Vulnerable, based on the assessments conducted by the Threatened Species Scientific Committee. The inclusion of these species in the List is in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. This Instrument was made under the authority of the Minister for the Environment and Water, with the policy objective of ensuring the protection and conservation of threatened species as mandated by the EPBC Act. The process for amending the List, as outlined in Part 13, Division 1, Subdivision AA of the EPBC Act, involved public consultation for a minimum of 30 business days, in accordance with subsection 194M(3) of the Act. The Threatened Species Scientific Committee assessed the eligibility of the nominated species for inclusion in the List, and their recommendations were considered by the Minister in making the Instrument. The Legislative Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as detailed in the accompanying statement. The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after registration.

Scope and Application

The List of Threatened Species Amendment (375) Instrument 2023 amends the Environment Protection and Biodiversity Conservation Act 1999 to include several species in the list of threatened species. This legislative instrument applies to native species identified as facing significant risks to their survival and is designed to provide additional protection under the Act. The amendment includes Assa wollumbin and Austroablepharus barrylyoni in the Critically Endangered category, Saltuarius kateae in the Endangered category, and Assa darlingtoni, Harrisoniascincus zia, and Litoria subglandulosa in the Vulnerable category. The inclusion criteria for these species were determined based on factors such as habitat loss, invasive species, climate change, and other threats as assessed by the Threatened Species Scientific Committee. This amendment applies nationally across Australia and is consistent with the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister was satisfied that the requisite criteria were met for the inclusion of these species in the specified categories. There are no stated exclusions or exemptions in this instrument, and it operates as a legislative instrument under the Legislation Act 2003, commencing the day after registration.

Key Provisions

The main operative sections of the List of Threatened Species Amendment (375) Instrument 2023 (the Instrument) pertain to the inclusion of specific species in the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 4 of the Instrument amends the Declaration under sections 178, 181, and 183 of the Act by adding certain species to the List of Threatened Species, specifically categorising them as Critically Endangered, Endangered, or Vulnerable (section 4). This amendment is detailed in Schedule 1 of the Instrument, which specifies the inclusion of Assa wollumbin, Austroablepharus barrylyoni, Saltuarius kateae, Assa darlingtoni, Harrisoniascincus zia, and Litoria subglandulosa in the respective categories (Schedule 1, Items 1, 2, and 3). The Instrument imposes specific obligations on the Minister for the Environment and Water, who must ensure that only species meeting the eligibility criteria are included in the List. This is stipulated in sections 178, 179(3), 179(4), and 179(5) of the Act, which detail the criteria for categorising species as Critically Endangered, Endangered, or Vulnerable. The Minister must be satisfied that the criteria have been met for each species, as outlined in the Instrument. Furthermore, the consultation process mandated by subsection 194M(3) of the Act must be followed, ensuring public comment and consideration of the Threatened Species Scientific Committee's assessment before finalising the listing. The Instrument does not explicitly detail offences, penalties, or consequences for breaches within its text; however, the Act itself provides the legal framework under which non-compliance could lead to penalties. For instance, unauthorised actions that threaten listed species could result in civil or criminal penalties, as outlined in sections 477 and 478 of the Act, which address offences related to threatening actions against listed species. The maximum penalties for such offences can include substantial fines and imprisonment, depending on the severity of the breach. The compatibility statement in Attachment B confirms that the Instrument aligns with human rights, ensuring that no applicable rights or freedoms are infringed upon by the listing of these species.

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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.