Federal Register of Legislation - Australian Government

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Lists as made
This instrument amends the list of threatened species established under the Environment Protection and Biodiversity Conservation Act 1999 by transferring one species from the Vulnerable category to the Endangered category.
Administered by: Agriculture, Water and the Environment
Registered 23 Jun 2021
Tabling HistoryDate
Tabled HR24-Jun-2021
Tabled Senate03-Aug-2021
Date of repeal 19 Oct 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Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 (254)

 

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(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 being transferred in the List met the criteria for listing in the relevant category under the EPBC Regulations (see below).

 

Purpose of Instrument

 

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

 

·         Transferring Petrogale lateralis kimberleyensis by deleting it from the Vulnerable category in the List and including it in the Endangered category in the List

 

The main threats affecting the species are predation by introduced species, habitat loss and degradation and its severely restricted distribution.

 

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.

 

The Minister was satisfied the species being transferred in List from the Vulnerable category to the Endangered category met the requisite 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.

 

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 the nominated species was eligible for transfer within the List. The Committee assessed the Petrogale lateralis kimberleyensis 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 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 and commences the day after registration.

 

Authority: sections 178 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 under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (254)

 

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:

·         Transfer Petrogale lateralis kimberleyensis by deleting it from the Vulnerable category in the list and including it in the Endangered category in the List.

 

The species being transferred within 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.