List of Threatened Species Amendment (418) Instrument 2025

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

Legislation au F2025L00240 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for the Environment and Water

 

Environment Protection and Biodiversity Conservation Act 1999

 

List of Threatened Species Amendment (418) Instrument 2025

 

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(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 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:

 

  • Sternula albifrons in the Vulnerable category.

 

Sternula albifrons is considered threatened due to human disturbance, habitat loss and degradation, predation, climate change and hybridisation.

 

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(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 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 Sternula albifrons 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 Sternula albifrons 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.

 

Other

 

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 full statement of compatibility is set out in Attachment B.

 

The Instrument is an amendment instrument made under section 184 of the Act. It is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act).

 

The Instrument commences the day after registration.

 

 

Sunsetting and disallowance requirements

The Instrument is subject to the disallowance process under section 42 of the Legislation Act and the sunsetting regime set out in Part 4 of Chapter 3 of the Legislation Act. However, section 48A of the Legislation Act has the effect that, because the Instrument only amends another instrument, if it is not disallowed it will be automatically repealed at the end of the disallowance period. Once repealed, the sunsetting regime has no practical effect on the Instrument.

 

The List amended by the Instrument is exempt from sunsetting in accordance with table item 24 in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015, which specifies that sunsetting requirements do not apply to instruments made under section 178, 181 or 183 of the Act. This sunsetting exemption has applied to the List since the sunsetting regime was established by the Legislation Act on 1 January 2005. This means that the amendments given effect by the Instrument will be enduring.

 

The List is not appropriate for sunsetting, to ensure threatened species have ongoing regulatory protection under the Act. Species on the list may be threatened beyond 10 years and require continued protection through conservation advice, recovery plans and the assessment and approval processes under the Act. Amendments are made to the list following a stringent statutory review process set out in the Act, which provides an appropriate review mechanism to ensure the currency and accuracy of the List.


 

 

ATTACHMENT A

 

Details of the List of Threatened Species Amendment (418) Instrument 2025

 

 

Section 1 – Name

 

This section provides that the title of the instrument is the List of Threatened Species Amendment (418) Instrument 2025 (the Instrument).

 

Section 2 – Commencement

 

This section provides that the Instrument commences on the day after it is registered.

 

Section 3 – Authority

 

This section provides that the Instrument is made under section 184 of the Environment Protection and Biodiversity Conservation Act 1999.

 

Section 4 – Schedules

 

This section is a machinery clause which provides 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 set out in the applicable items in Schedule 1, and any other item in Schedule 1 to the Instrument has effect according to its terms.

 

Schedule 1- Amendments

 

Item 1 – SPECIES THAT ARE VULNERABLE

 

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

 

  1.                     Sternula albifrons

 


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 (418) Instrument 2025

 

This Disallowable 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 Disallowable Legislative Instrument

The purpose of this Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species to:

  • Include Sternula albifrons in the Vulnerable 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 Disallowable 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 (Act) was established to protect the environment and conserve biodiversity, including threatened species. Under the Act, the Minister for the Environment and Water is responsible for maintaining a list of threatened species, which is periodically updated through legislative instruments. The List of Threatened Species Amendment (418) Instrument 2025 was introduced to amend the Act by adding Sternula albifrons to the Vulnerable category. This decision was based on a comprehensive assessment by the Threatened Species Scientific Committee, which determined that Sternula albifrons meets the criteria for this category due to factors such as human disturbance, habitat loss, and climate change. The Minister was satisfied that the requisite criteria were met, and the Instrument was made following consultation with relevant stakeholders and public comment as required by the Act. This amendment ensures that Sternula albifrons receives the necessary protection and conservation measures outlined in the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as the primary legislative framework for environmental protection and biodiversity conservation in Australia, encompassing the protection and conservation of threatened species. This Act empowers the Minister for the Environment and Water to establish and amend a list of threatened species through legislative instruments. The List of Threatened Species Amendment (418) Instrument 2025, made under section 184 of the EPBC Act, amends the List by including Sternula albifrons in the Vulnerable category. The decision to amend the List was informed by a rigorous assessment process involving the Threatened Species Scientific Committee, which evaluated the eligibility of Sternula albifrons based on specified criteria in the Environment Protection and Biodiversity Conservation Regulations 2000. The Instrument also adhered to the consultation requirements stipulated in the EPBC Act, ensuring public input was considered before final amendments were made. The amendments to the List are enduring, exempt from sunsetting, and provide ongoing protection to threatened species under the Act, reflecting the government's commitment to biodiversity conservation.

Key Provisions

The List of Threatened Species Amendment (418) Instrument 2025 (the Instrument) amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding the species Sternula albifrons to the list of threatened species in the Vulnerable category. This amendment is made under section 184 of the Act and is effective from the day after it is registered (section 2). The Instrument is authorised under section 184 of the Act and is a legislative instrument within the meaning of the Legislation Act 2003 (section 3). The primary purpose of this amendment is to include Sternula albifrons in the Vulnerable category of the List of Threatened Species, reflecting its eligibility based on the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 (section 4). The Act imposes specific obligations on the Minister for the Environment and Water to ensure that only eligible species are included in the List of Threatened Species. The Minister must be satisfied, in accordance with subsection 186(1) of the Act, that a native species is eligible for inclusion in a particular category before adding it to the List. For Sternula albifrons, the Threatened Species Scientific Committee assessed its eligibility based on the criteria provided in Regulation 7.01 of the Regulations, which considers factors such as the risk of extinction in the wild. The Minister’s decision to amend the List must be made in consultation with relevant stakeholders and in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act. Public consultation was undertaken for a minimum of 30 business days, and any relevant comments were considered during the assessment process (subsection 194M(3) of the Act). Failure to comply with the requirements of the Act or the Instrument can result in significant consequences. The Act does not specify particular offences or penalties for the breach of listing provisions, but general provisions under the Act and other related laws may apply. For example, actions that contravene the Act could potentially lead to civil or criminal penalties under other environmental protection laws, depending on the nature and extent of the breach. The Instrument itself does not outline specific penalties but is subject to the disallowance process under section 42 of the Legislation Act. If not disallowed, it will be automatically repealed at the end of the disallowance period, as per section 48A of the Legislation Act. The List itself is exempt from sunsetting, ensuring that species remain protected indefinitely unless further amended or removed through a rigorous statutory review process.

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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.