Federal Register of Legislation - Australian Government

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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 ten historically extinct species in the Extinct category.
Administered by: Agriculture, Water and the Environment
Registered 02 Mar 2021
Tabling HistoryDate
Tabled HR15-Mar-2021
Tabled Senate15-Mar-2021
Date of repeal 05 Aug 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Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (230)

 

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(1) of the Act provides that the Minister must, by legislative instrument, establish a list of threatened species (the 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.

 

The species being included in the List (ten historically extinct species) met the criteria for listing in the Extinct category under the EPBC Regulations (see below).

 

 

Purpose of the instrument

 

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

 

·         including Bettongia anhydra, Bettongia pusilla, Conilurus capricornensis, Notomys robustus, Perameles myosurus, Perameles notina, Perameles papillon, Pseudomys auritus, Pseudomys glaucus and Pteropus brunneus on the List in the Extinct category

 

Subsection 186(1) 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(1) of the Act provides that the Minister may include a native species in the Extinct category at a particular time if, at that time, there is no reasonable doubt that the last member of that species has died.

 

The Minister was satisfied the species being included on the List in the Extinct category met this criterion.

 

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.

 

Subsection 189(1) provides that the Minister must obtain and consider advice from the Threatened Species Scientific Committee (the Scientific Committee) in deciding whether to make an amendment covered by 184(a).

 

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 comments received that were relevant to the species were considered by the Scientific Committee as part of the assessment process.

 

The Scientific Committee also conducted targeted consultation with relevant experts regarding their views including:

 

·         relevant researchers from Australian universities

·         relevant state and territory governments

·         relevant non-government organisations.

 

The Scientific Committee prepared written assessments of whether the nominated species were eligible for inclusion in the List.

 

The Committee assessed the Bettongia anhydra, Bettongia pusilla, Conilurus capricornensis, Notomys robustus, Perameles myosurus, Perameles notina, Perameles papillon, Pseudomys auritus, Pseudomys glaucus and Pteropus brunneus as eligible for inclusion on the List in the Extinct category.

 

In making this instrument, the Minister considered the Scientific 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) 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 section 178 of the
Environment Protection and Biodiversity Conservation Act 1999 (230)

 

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 ten species in the Extinct category (Bettongia anhydra, Bettongia pusilla, Conilurus capricornensis, Notomys robustus, Perameles myosurus, Perameles notina, Perameles papillon, Pseudomys auritus, Pseudomys glaucus and Pteropus brunneus)

The species being included on the list met the criteria for listing in the relevant category under the EPBC Act.

 

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.