Federal Register of Legislation - Australian Government

Primary content

EC151 Lists as made
This instrument amends the list of threatened ecological communities to include Mallee Bird Community of the Murray Darling Depression Bioregion in the endangered category, as recommended by the Threatened Species Scientific Committee.
Administered by: Climate Change, Energy, the Environment and Water
Registered 06 Dec 2021
Tabling HistoryDate
Tabled HR08-Feb-2022
Tabled Senate08-Feb-2022
Date of repeal 08 Sep 2022
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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

 

List of Threatened Ecological Communities Amendment (EC151) Instrument 2021

 

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 ecological communities.

 

Under section 181 of the Act, the Minister must, by legislative instrument, establish a list of threatened ecological communities (List) divided into the following categories: Critically endangered; Endangered; and Vulnerable.

 

Under paragraph 184(a) of the Act, the Minister may, by legislative instrument, amend the list of threatened ecological communities by including items in the List in accordance with Part 13, Division 1, Subdivision AA of the Act.

 

Purpose of the Instrument

 

The purpose of this instrument is to amend the List by including in the endangered category: Mallee Bird Community of the Murray Darling Depression Bioregion as recommended by the Threatened Species Scientific Committee (Committee), having regard to its eligibility for the endangered category under subsection 182(2) of the Act.

 

The Committee concluded that the Mallee Bird Community of the Murray Darling Depression Bioregion met the criteria specified in regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:

·         Criterion 3 as endangered because there has been a severe loss of a functionally important species (the malleefowl) over much of the landscape;

·         Criterion 4 as endangered because it has undergone a severe reduction in integrity across most of its geographic distribution, as indicated by a severe degradation of the community or its habitat; and

·         Criterion 5 as endangered because it has undergone a severe rate of continuing detrimental change shown by several members of the ecological community.

 

On the basis of the assessment and advice of the Committee, the Minister was satisfied that this ecological community is eligible to be included in the endangered category. In deciding to include it in the List, the Minister 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

 

Consultation to amend the List under the Act to include the ecological community was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act.

 

A draft assessment was 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 considered by the Committee and forwarded to the Minister on 30 July 2021 for consideration.

 

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

 

This instrument will commence on the day after it is registered on the Federal Register of Legislation.

 

Authority: section 181 and paragraph 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
List of Threatened Ecological Communities Amendment (EC151) Instrument 2021

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 including the ‘Mallee Bird Community of the Murray Darling Depression Bioregion’ in the endangered category of the list.

The Mallee Bird Community of the Murray Darling Depression Bioregion has been included in the endangered category of the list because it met the criteria whereby: there has been a severe loss of a functionally important species (the malleefowl) over much of the landscape; it has undergone a severe reduction in integrity across most of its geographic distribution, as indicated by a severe degradation of the community or its habitat; and a severe rate of continuing detrimental change is shown by several members of the ecological community.


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.

The Hon Sussan Ley MP
Minister for the Environment