List of Threatened Species Amendment (431) Instrument 2026

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

Legislation au F2026L00086 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 (431) Instrument 2026

 

Legislative authority

 

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC 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 EPBC 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 EPBC 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(b) of the EPBC Act relevantly provides that the Minister may, by legislative instrument, amend the List referred to in section 178 by deleting items from the List.

 

The species being deleted from the List did not meet the criteria for listing in any category under the Environment Protection and Biodiversity Conservation Regulations 2025 (Regulations).

 

Purpose of Instrument

 

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

  • Deleting the following species from the List:
    • Callitris oblonga from the Vulnerable category.

 

Subsection 186(1) of the EPBC 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 EPBC 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.

 

Regulation 7.01 of the Regulations provides that for section 179 of the EPBC 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 were met for deleting Callitris oblonga from 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 EPBC Act. Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the EPBC 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 EPBC 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 assessed Callitris oblonga as ineligible for inclusion in any 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 EPBC Act.

 

Given the extensive consultation undertaken on the proposed listing contained in the 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 EPBC 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 EPBC 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 EPBC Act. Amendments are made to the list following a stringent statutory review process set out in the EPBC 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 (431) Instrument 2026

 

Section 1 – Name

This section provides that the title of the instrument is the List of Threatened Species Amendment (431) Instrument 2026 (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

 

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 – In the appropriate position under the heading “SPECIES THAT ARE VULNERABLE”

 

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

 

  1.                     Callitris oblonga

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 (431) Instrument 2026

 

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 Legislative Instrument is to amend 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 (the List) to:

  • delete Callitris oblonga from the Vulnerable category in the List.

The species being removed from the List did not meet the criteria for listing in any relevant categories under the Environment Protection and Biodiversity Conservation Regulations 2025.

 

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 Murray Watt 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 legislation empowers the Minister to establish and amend a list of threatened species. The List of Threatened Species Amendment (431) Instrument 2026, made under the authority of the Minister for the Environment and Water, aims to amend the list by removing certain species that no longer meet the criteria for inclusion. Specifically, this instrument deletes Callitris oblonga from the Vulnerable category in the List. This amendment was made following a rigorous assessment process and consultation with relevant scientific committees and the public, ensuring that only species meeting the specified criteria remain on the List. The process adheres to the statutory requirements outlined in the EPBC Act, guaranteeing that the amendments serve the policy objective of maintaining an accurate and effective list of threatened species for ongoing regulatory protection.

Scope and Application

The List of Threatened Species Amendment (431) Instrument 2026 amends the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by deleting Callitris oblonga from the Vulnerable category. This Instrument applies to any person or entity that is subject to the EPBC Act, which includes Commonwealth entities, corporations, and individuals involved in activities that may impact listed species. The amendment's reach is national, given the federal nature of the EPBC Act. This Instrument operates under the legislative authority granted by section 184 of the EPBC Act and is subject to disallowance and sunsetting provisions under the Legislation Act 2003, although the List itself is exempt from sunsetting to ensure ongoing protection for threatened species. The amendment follows a consultation process mandated by the EPBC Act and considers assessments by the Threatened Species Scientific Committee. The Instrument is compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The primary operative sections of this legislative instrument, the List of Threatened Species Amendment (431) Instrument 2026, involve the amendment of the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 178, 181, and 183). Specifically, section 3 of the Instrument mandates the removal of Callitris oblonga from the Vulnerable category in the List. This amendment is based on the determination that the species no longer meets the criteria for inclusion in any category as stipulated in the Environment Protection and Biodiversity Conservation Regulations 2025 (Regulations). The Instrument's operation is governed by the provisions in Attachment A, detailing its name, commencement, authority, and schedules, with Schedule 1 outlining the specific amendments to the Principal Instrument. The obligations imposed by the Act on the parties or entities it governs include adherence to the stringent criteria set forth in the Regulations for species listing. The Minister for the Environment and Water must ensure that only species meeting the eligibility criteria are included in the List. Furthermore, the Act mandates a consultation process outlined in Part 13, Division 1, Subdivision AA of the EPBC Act, which was followed in this instance. The Minister must consider the assessment by the Threatened Species Scientific Committee and any public comments received during the consultation period, as required by subsection 194M(3) of the EPBC Act. The Minister's decision to amend the List must be based solely on the eligibility of the species and its survival implications, as stipulated in subsections 186(1) and 186(2B) of the EPBC Act. In terms of offences, penalties, or consequences for breach, the Act does not explicitly outline penalties for the incorrect listing or delisting of species. However, any actions taken by the Minister must be in accordance with the statutory requirements and processes outlined in the Act. Non-compliance with these requirements could potentially lead to legal challenges or administrative reviews. The Instrument itself does not specify civil or criminal penalties for breaches but adheres to the broader legislative framework of the EPBC Act, which includes provisions for enforcement and compliance measures. The compatibility of the Instrument with human rights is affirmed in Attachment B, indicating that the Legislative Instrument does not engage any applicable rights or freedoms and is thus compatible with human rights.

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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.