Federal Register of Legislation - Australian Government

Primary content

Lists as made
This instrument amends the List of Threatened Ecological Communities (16/07/2000) to include in the endangered category Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion.
Administered by: Climate Change, Energy, the Environment and Water
Registered 06 May 2015
Tabling HistoryDate
Tabled Senate11-May-2015
Tabled HR12-May-2015

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Instrument under section 184(1)(a)

 

(Issued under the Authority of the Minister for the Environment)

 

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.

The purpose of this instrument is to amend the list of threatened ecological communities under section 181 of the Act in accordance with paragraph 184(1)(a) of the Act by including in the list in the endangered category:

·         Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion

as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities under subsections 182(1) and (2) of the Act.

The Committee concluded that the Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

·         Criterion 2 as endangered because its geographic distribution is restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the near future; and

·         Criterion 4 as endangered because the reduction in integrity across most of its range is severe as indicated by degradation of the community or disruption of important community processes that is severe.

On the basis of the assessment and advice of the Committee, I am satisfied that this ecological community is eligible to be included in the endangered category. In deciding to include it in the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community.

Consultation to amend the list of threatened ecological communities under the Act to include these ecological communities was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. Draft descriptions were placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were forwarded to the Committee and to me for consideration.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.


Text Box: Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Amendment to the list of threatened ecological communities under section 181 of the Environment Protection and Biodiversity Conservation Act 1999 (EC127)

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 ecological communities by adding Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion to the endangered category of the list.

Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion ecological community has been added to the endangered category of the list because it met the criteria whereby: its restricted geographic distribution means that it could be lost in the near future; and the reduction in integrity across most of the ecological community’s range is severe as indicated by degradation of the community or disruption of important community processes that is severe. 

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.

Minister for the Environment