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 to include the Nannoperca australis Murray-Darling Basin lineage in the Vulnerable category.
Administered by: Agriculture, Water and the Environment
Registered 12 Apr 2021
Tabling HistoryDate
Tabled HR11-May-2021
Tabled Senate11-May-2021
Date of repeal 12 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Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 (233)

 

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.

 

The species being included on List met the criteria for listing in the Vulnerable category under the EPBC Regulations.

 

 

Purpose of Instrument

 

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

 

·         Including Nannoperca australis Murray-Darling Basin Lineage (Southern Pygmy Perch) to the Vulnerable category

 

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(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 (b) 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 Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) relevantly provides that for subsection 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 the species being included on the List in the Vulnerable category on the List met the requisite criteria.

 

 

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 paragraph 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 public comments received that were relevant to the survival of 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 a written assessment of whether the nominated species was eligible for including on the List. The Committee assessed the Nannoperca australis Murray-Darling Basin Lineage as eligible for inclusion on the List in the Vulnerable category.

 

In making this instrument, the Minister considered the Scientific Committee’s written assessment 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 and 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 under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (233)

 

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:

·         Include one species in the Vulnerable category (Nannoperca australis Murray-Darling Basin Lineage)

 

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

 

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.