List of Threatened Species Amendment (400) Instrument 2024

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

Legislation au F2024L00885 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 (400) Instrument 2024

 

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 of threatened species, List of threatened ecological communities and List of threatening processes (List).

 

Paragraph 184(c) of the Act relevantly provides that the Minister may, by legislative instrument, amend the List referred to in section 178 by transferring items from one category in the list to another category in the list in accordance with Subdivision AA.

 

The species being transferred in the List met the criteria for listing in the Critically 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:

 

  • Transferring the following species by deleting the species from the Extinct category in the List and including it in the Critically Endangered category in the List:
    • Acacia prismifolia

 

Acacia prismifolia is considered threatened due to climate change, habitat and vegetation clearing associated with roadside maintenance, herbicide use associated with road side maintenance, and weed infestation.

 

Section 192 of the Act provides for the transfer of a species from the Extinct category to another category, if the Minister is satisfied that the native species has been definitely located in nature since it was last listed as Extinct. The Minister may do this with or without the advice of the Threatened Species Scientific Committee.

 

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 186(2B) of the Act provides that in deciding whether to delete a native species from a particular category (whether as a result of a transfer or otherwise), the only matters the Minister may consider are matters relating to whether the native species is eligible to be included in that category or the effect that the inclusion of the native species in that category is having, or could have, on the survival of the species.

 

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.

 

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 Acacia prismifolia in the Critically Endangered category in the List.

 

Consultation

 

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: section 184 the Environment Protection and Biodiversity Conservation Act 1999.

ATTACHMENT A

 

Details of the List of Threatened Species Amendment (400) Instrument 2024

 

 

Section 1 – Name

 

This section provides that the name of this instrument is the List of Threatened Species Amendment (400) Instrument 2024.

 

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 - List of threatened species, List of threatened ecological communities and List of threatening processes (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- List of threatened species, List of threatened ecological communities and List of threatening processes.

 

Item 1 – SPECIES THAT ARE EXTINCT

Item 1 amends the list under the heading “SPECIES THAT ARE EXTINCT” to omit in the appropriate position the following species:

 

(a)                    Acacia prismifolia

 

Item 2 – SPECIES THAT ARE CRITICALLY ENDANGERED

 

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

 

(a)                    Acacia prismifolia

 

 


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 (400) Instrument 2024

 

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:

  • Transfer Acacia prismifolia from the Extinct to the Critically Endangered category.

The species being transferred 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) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. This Act establishes a framework for managing the impact of activities that may harm the environment, including the listing and protection of threatened species. The Environment Protection and Biodiversity Conservation Act 1999 (List of Threatened Species Amendment (400) Instrument 2024) amends the List of Threatened Species by transferring Acacia prismifolia from the Extinct category to the Critically Endangered category, reflecting its current conservation status. The Minister for the Environment and Water made this amendment under the authority granted by section 184 of the EPBC Act, ensuring that the species is now subject to appropriate conservation measures designed to mitigate the extremely high risk of extinction it faces. The policy objective of this amendment is to accurately reflect the conservation status of Acacia prismifolia and to ensure it receives the necessary protection to enhance its chances of survival.

Scope and Application

The List of Threatened Species Amendment (400) Instrument 2024, made under the authority of section 184 of the Environment Protection and Biodiversity Conservation Act 1999, amends the List of Threatened Species by transferring Acacia prismifolia from the Extinct category to the Critically Endangered category. This change is based on the species being definitively located in nature since its last listing as Extinct, meeting the criteria for inclusion in the Critically Endangered category. The Act applies to individuals, entities, and industries involved in activities that may impact listed species, with a national reach across Australia. The Instrument excludes species that do not meet the specified criteria for threatened categories and is subject to further regulation through subordinate instruments as necessary. The Instrument is compatible with human rights and freedoms as recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of this legislation involve the amendment of the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 178, 184, 186). Section 178(1) requires the Minister to establish a list of threatened species categorised by their conservation status, while section 184(c) allows for the amendment of this list through legislative instruments. The specific amendment in this instrument involves transferring Acacia prismifolia from the Extinct category to the Critically Endangered category (Schedule 1, Items 1 and 2). This transfer is justified under section 192 of the Act, which allows for such a change if the Minister is satisfied that the species has been found in nature since its listing as Extinct. The instrument ensures that the Minister's decision to transfer the species is based on meeting the criteria for inclusion in the Critically Endangered category, as outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The Act imposes several obligations on the Minister regarding the listing and management of threatened species. Firstly, the Minister must ensure that any species included in the List meets the eligibility criteria for its category, as stipulated in sections 186(1) and 179(3) of the Act. This includes considering only relevant matters when deciding to include or delete a species from a particular category. Additionally, the Minister must adhere to the criteria set out in the Regulations when determining the conservation status of species. The Act also requires the Minister to act in accordance with the advice of the Threatened Species Scientific Committee, although this is not mandatory, as noted in section 192 of the Act. Furthermore, the Minister must ensure that any legislative instrument made under the Act is compatible with human rights, as required by the Human Rights (Parliamentary Scrutiny) Act 2011. Breaches of the provisions under the EPBC Act can lead to various civil and criminal consequences. While specific penalties are not detailed in this explanatory statement, the Act generally allows for substantial penalties for non-compliance with its provisions. For example, unauthorised actions that threaten listed species can result in criminal offences, with penalties including fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment. Civil penalties may also apply, with fines up to $66,660 for individuals and $333,300 for corporations for each breach. The severity of the penalty depends on the nature and extent of the breach, and the courts have the discretion to impose penalties that reflect the seriousness of the offence. Additionally, the Act provides for the recovery of costs associated with the enforcement of the Act, further incentivising compliance.

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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.