List of Threatened Species Amendment (389) Instrument 2023

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

Legislation au F2023L01722 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 (389) 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 met the criteria for listing in the Endangered category 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:

 

  • Carinascincus greeni in the Endangered category.
  • Carinascincus microlepidotus in the Endangered category.
  • Carinascincus orocryptus in the Endangered category.

 

Carinascincus greeni is considered threatened due to climate change induced habitat loss, interspecific competition and drought.

 

Carinascincus microlepidotus is considered threatened due to climate change induced habitat loss, interspecific competition and drought and predation.

 

Carinascincus orocryptus is considered threatened due to climate change induced habitat loss, interspecific competition and drought.

 

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 Carinascincus greeni, Carinascincus microlepidotus and Carinascincus orocryptus 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 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 were eligible for inclusion in the List. The Committee assessed Carinascincus greeni, Carinascincus microlepidotus and Carinascincus orocryptus 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.

 

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 (389) Instrument 2023

 

 

Section 1 – Name

 

This section provides that the name of this instrument is the List of Threatened Species Amendment (389) 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 (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 ENDANGERED

Item 1 amends the list under the heading “SPECIES THAT ARE ENDANGERED” to include in the appropriate position each of the following species:

 

(a)                    Carinascincus greeni

(b)                   Carinascincus microlepidotus

(c)                    Carinascincus orocryptus

 


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 (389) 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 Carinascincus greeni in the Endangered category.
  • Include Carinascincus microlepidotus in the Endangered category.
  • Include Carinascincus orocryptus in the Endangered category.

The species being included in the List met 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) is a key piece of legislation aimed at protecting the environment and conserving biodiversity, including threatened species. Enacted by the Australian Parliament, the EPBC Act provides a framework for the conservation and protection of Australia's unique flora and fauna. The Act allows the Minister for the Environment and Water to amend the list of threatened species through legislative instruments, ensuring the list remains current and reflective of the conservation needs of various species. The policy objective of this legislative framework is to safeguard native species from extinction by providing a structured approach to their conservation and protection. This involves categorising species based on their risk of extinction and implementing measures to mitigate these risks. The List of Threatened Species Amendment (389) Instrument 2023 further refines the protection measures by adding specific species to the Endangered category, thereby enhancing the Act's efficacy in biodiversity conservation.

Scope and Application

The List of Threatened Species Amendment (389) Instrument 2023 amends the Environment Protection and Biodiversity Conservation Act 1999 by adding three specific species, namely Carinascincus greeni, Carinascincus microlepidotus, and Carinascincus orocryptus, into the Endangered category of the List. This legislative instrument applies to all individuals and entities within the Commonwealth of Australia who must comply with the provisions of the Environment Protection and Biodiversity Conservation Act 1999. This includes various industries and their conduct or transactions that may impact the listed species or their habitats. The amendment does not exclude any specific persons or entities and applies uniformly across all states and territories of Australia. The Act does not specify any particular thresholds or conditions for its application. The Environment Protection and Biodiversity Conservation Regulations 2000 may further extend or restrict the application of this Act through subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) establishes a list of threatened species, and the List of Threatened Species Amendment (389) Instrument 2023 (the Instrument) amends this list by adding three specific species to the Endangered category. The species in question are Carinascincus greeni, Carinascincus microlepidotus, and Carinascincus orocryptus. These additions are made under the authority provided by sections 178 and 184(a) of the Act and are in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations). These species have been identified as facing a very high risk of extinction in the wild due to factors such as climate change-induced habitat loss, interspecific competition, drought, and predation. The Instrument imposes several obligations on the parties and entities it governs. Firstly, the Minister must not include a native species in the List unless satisfied that the species is eligible for inclusion in the relevant category. This satisfaction must be based on an assessment that the species meets the criteria for listing, which in this case, pertain to the Endangered category. The Threatened Species Scientific Committee plays a critical role by preparing a written assessment of whether the nominated species are eligible for inclusion in the List, which the Minister then considers in making the Instrument. Furthermore, public consultation is required as per subsection 194M(3) of the Act, ensuring that any relevant public comments are considered as part of the assessment process. There are specific consequences for breaches of the Act or the Regulations. While the Instrument itself does not detail specific offences or penalties for listing errors, the Act generally provides for enforcement mechanisms. Violations of the Act, including failure to comply with the provisions regarding the protection of threatened species, can result in civil or criminal penalties. For instance, subsection 528(1) of the Act outlines that a person who contravenes certain provisions may be liable for a penalty, and the maximum penalty can be substantial, depending on the nature and seriousness of the offence. Additionally, individuals or entities found to be responsible for causing harm to listed species may face further legal repercussions, including fines and imprisonment, as stipulated in the relevant sections of the Act. The Instrument also ensures compatibility with human rights as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The statement of compatibility, outlined in Attachment B, confirms that the Instrument does not engage any of the applicable rights or freedoms and is, therefore, deemed compatible with human rights. This compatibility assessment is crucial to ensure that the legislative changes do not adversely affect the rights and freedoms of individuals or groups.

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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.