List of Threatened Species Amendment (419) Instrument 2025

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

Legislation au F2025L00257 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 (419) 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:

 

  • Euastacus armatus in the Vulnerable category.

 

Euastacus armatus is considered threatened due to climate change, harvest pressure, habitat loss or disturbance, exotic and invasive species

 

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 Euastacus armatus 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 Euastacus armatus 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 (419) Instrument 2025

 

 

Section 1 – Name

 

This section provides that the title of the instrument is the List of Threatened Species Amendment (419) 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 the following species:

 

  1.                     Euastacus armatus


 

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 (419) 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 Euastacus armatus 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 (EPBC Act) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This Act established the framework for listing threatened species, ecological communities, and threatening processes, and provided the means for their ongoing management and protection. Under section 184 of the EPBC Act, the Minister for the Environment and Water has the authority to amend the list of threatened species by legislative instrument, ensuring that the list remains current and reflective of the conservation needs of Australia’s biodiversity. The policy objective of this legislative framework is to safeguard Australia's threatened species from extinction through rigorous assessment and inclusion in protective categories. This legislative instrument amends the list by including Euastacus armatus in the Vulnerable category, recognising the threats it faces due to factors such as climate change, harvest pressure, habitat loss, and invasive species.

Scope and Application

The List of Threatened Species Amendment (419) Instrument 2025 amends the Environment Protection and Biodiversity Conservation Act 1999 by including Euastacus armatus in the Vulnerable category of the list of threatened species. This instrument applies to all individuals, entities, and industries within the Commonwealth of Australia, particularly those that may engage in activities that could affect the conservation status of the listed species. The amendment is enacted under the authority of the Minister for the Environment and Water, in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument does not exempt any specific groups or activities from its application but ensures that all actions affecting the listed species comply with the conservation measures prescribed by the Act. The instrument is subject to disallowance and sunsetting provisions, although it is exempt from sunsetting to ensure enduring protection for listed species. Public consultation was conducted as required by the Act, and the instrument's compatibility with human rights has been confirmed.

Key Provisions

The List of Threatened Species Amendment (419) Instrument 2025 (Instrument) amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding the species Euastacus armatus to the list of threatened species in the Vulnerable category (s3). The Instrument operates by amending the existing List of Threatened Species, which is established under s178 of the EPBC Act, to include Euastacus armatus in the Vulnerable category (Schedule 1, Item 1). The Instrument is made under s184 of the EPBC Act and commences on the day after it is registered (s2). The obligations imposed by the Instrument include ensuring that the Minister must not include a native species on the List in a particular category unless satisfied that the species meets the eligibility criteria for that category (s186(1)). The Minister must also ensure that any amendments to the List are made in accordance with the consultation processes set out in Part 13, Division 1, Subdivision AA of the EPBC Act (s194M(3)). The Instrument requires public consultation for a minimum of 30 business days before the amendment is made (s194M(3)). For breach of any provisions of the EPBC Act, including failure to comply with the listing requirements or the consultation process, the maximum penalty is 10,000 penalty units or imprisonment for five years, or both (s13AD). The Minister may also face civil or administrative penalties for non-compliance with the Act, which could include fines or other corrective measures. The Instrument is subject to disallowance under s42 of the Legislation Act 2003 and the sunsetting regime under Part 4 of Chapter 3 of the Legislation Act 2003. However, because the Instrument only amends another instrument, if it is not disallowed, it will be automatically repealed at the end of the disallowance period (s48A). The List itself is exempt from sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015 (s12), ensuring ongoing regulatory protection for listed 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.