Federal Register of Legislation - Australian Government

Primary content

Lists as made
This instrument amends the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 by including Rhizanthella johnstonii in the critically endangered category and transferring Rhizanthella gardneri from the endangered category to the critically endangered category.
Administered by: Agriculture, Water and the Environment
Registered 24 Sep 2020
Tabling HistoryDate
Tabled HR06-Oct-2020
Tabled Senate06-Oct-2020
To be repealed 03 Feb 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

 

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

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment to the list of threatened species made under sections 178 and 184 of the Environment Protection and Biodiversity Conservation Act 1999 (222)

 

Background

 

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.

 

Section 178 of the Act provides for a list of threatened species (the List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.

 

Section 184(a) of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List. Section 184(c) of the Act provides that the Minister may amend the List to transfer items from one category in the List to another category in the List.

 

The species being included and transferred within the list met the criteria for listing in the relevant category under the EPBC Regulations.

 

Purpose of Instrument

 

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

 

·    Including Rhizanthella johnstonii in the list in the Critically Endangered category

 

·    Transferring Rhizanthella gardneri from the Endangered category to the Critically 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.

 

The Threatened Species Scientific Committee (the Committee):

 

·         recommended the species for inclusion on the Finalised Priority Assessment List for the assessment periods commencing on 1 October 2019 to which the Minister agreed.

·         sought public comment on the species for at least 30 business days.

 

The Committee consulted parties with relevant expertise regarding their views including:

 

·         relevant researchers from Australian universities

·         relevant state and territory governments

·         relevant non-government organisations.

 

The Committee prepared a written assessment of whether the nominated species were eligible for inclusion in the List. The written assessments and all comments received during the consultation period were provided to the Minister and considered in relation to the making of the Instrument.

 

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

 

This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Instrument commences the day after registration.

 

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


 

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 species made under sections 178 and 184 of the Environment Protection and Biodiversity Conservation Act 1999 (222)

 

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 species to:

·         Including Rhizanthella johnstonii to the Critically Endangered category

 

·         Transferring Rhizanthella gardneri from the Endangered category to the Critically Endangered category

 

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.