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 (Petauroides minor and Petauroides volans (285)) Instrument 2022

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 (List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.

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.

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 within the List in accordance with Subdivision AA.

The species, Petauroides minor, being included in the List met the criteria for listing in the Vulnerable category under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) (see below).

The species, Petauroides volans, being deleted from the Vulnerable category in the List met the criteria for listing in the Endangered category under the Regulations.

Purpose of Instrument

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

• Including Petauroides minor in the Vulnerable category in the List.

• Transferring Petauroides volans by deleting it from the Vulnerable category in the List and including it in the Endangered category in the List.

Petauroides minor is considered to have undergone a substantial reduction in numbers, its geographic distribution is precarious for the species survival and is limited. The species is threatened due to climate change, habitat loss, disturbance and modification and predation by introduced species.

Petauroides volans is considered to have undergone a severe reduction in numbers and is threatened due to habitat loss, disturbance and modification, climate change and predation by, and competition with, native and introduced species.

Subsection 186(1) of the Act provides that the Minister must not include a native species on the List (whether as a result of a transfer or otherwise) in a particular category unless satisfied it 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.

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 or endangered and it is facing a high risk of extinction in the wild in the medium-term 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 Petauroides minor in the Vulnerable category in the List and that the requisite criteria was met for Petauroides volans to be transferred to 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). 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 Petauroides minor was eligible for inclusion in the List. The Committee assessed Petauroides minor as eligible for inclusion in the Vulnerable category in the List.

The Committee prepared a written assessment of whether Petauroides volans was eligible for transfer within the List. The Committee assessed Petauroides volans as eligible for transfer from the Vulnerable category to the Endangered category in the List.

In making this Instrument, the Minister considered the Committee’s written assessments and any comments received during the consultation period in accordance with Part 13, Division 1, Subdivision AA of the Act.

This Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after registration.

Authority: sections 178, 184(a) and 184(c) of the Environment Protection and Biodiversity Conservation Act 1999.