EXPLANATORY STATEMENT

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

Environment Protection and Biodiversity Conservation Act 1999

List of Threatened Species Amendment (354) Instrument 2022

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(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.

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 from one category in the list to another category in the list in accordance with Subdivision AA.

The species being included in the List met the criteria for listing in the Critically Endangered category under the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) (see below).

Purpose of Instrument

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

·         Including the following species in the List:

o   Leionema westonii in the Critically Endangered category.

o   Lobelia claviflora in the Critically Endangered category.

o   Mitrantia bilocularis in the Critically Endangered category.

o   Eucalyptus broviniensis in the Endangered category.

o   Persoonia oxycoccoides in the Endangered category.

·         Transferring the following species by deleting the species from the Endangered category in the List and including it in the Critically Endangered category in the List:

o   Decaspermum struckoilicum

Leionema westonii is threatened by invasive species, drought and fire impacts.

Lobelia claviflora is threatened by livestock grazing, invasive species and habitat disturbance.

Mitrantia bilocularis is threatened by introduced pathogens, invasive weeds and animals.

Eucalyptus broviniensis is threatened by livestock grazing, land clearing, inappropriate fire regimes and timber harvesting.

Persoonia oxycoccoides is threatened by habitat loss and fragmentation, disturbance, inappropriate fire regimes, climate change, reduction in pollination, and invasive weeds and animals.

Decaspermum struckoilicum is threatened by inappropriate fire regimes, land clearing, invasive weeds, introduced pathogens, small population size effects, livestock grazing and mining activities.

Subsection 186(1) of the Act provides that the Minister must not include (whether as a result of a transfer or otherwise) a native species on the List in a particular category unless satisfied that the native species is eligible to be included in that category.

Subsection 179(3) of the Act provides that a native species is eligible to be included in the Critically Endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.

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.

Regulation 7.01 of the Regulations provides that for section 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 that the requisite criteria was met for including Leionema westonii, Lobelia claviflora and Mitrantia bilocularis in the Critically Endangered category in the List and including Eucalyptus broviniensis and Persoonia oxycoccoides in the Endangered category in the List. The Minister was satisfied that the requisite criteria was met for transferring Decaspermum struckoilicum from the Endangered to the Critically Endangered category within 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.

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 inclusion in the List. The Committee assessed Leionema westonii, Lobelia claviflora and Mitrantia bilocularis as eligible for inclusion in the Critically Endangered category in the List. The Committee assessed Eucalyptus broviniensis and Persoonia oxycoccoides as eligible for inclusion in the Endangered category in the List. The Committee assessed Decaspermum struckoilicum as eligible for transfer from the Endangered to the Critically Endangered category within the List.

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

This Instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after registration.

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

ATTACHMENT A

Details of the List of Threatened Species Amendment (348) Instrument 2022

Section 1 – Name

This section provides that the name of this instrument is the List of Threatened Species Amendment (354) Instrument 2022.

Section 2 – Commencement

This section provides that this instrument commences on the day after it is registered.

Section 3 – Authority

This section provides that this instrument is made under section 184 of the Environment Protection and Biodiversity Conservation Act 1999.

Section 4 – Schedules

This section specifies that the Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 is amended as outlined in Schedule 1 of the instrument.

Schedule 1- Amendments

Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999

Item 1 – SPECIES THAT ARE CRITICALLY ENDANGERED

Item 1 amends the heading “SPECIES THAT ARE CRITICALLY ENDANGERED” under the Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 to include in the appropriate position each of the following species:

(a)                   Decaspermum struckoilicum

(b)                   Leionema westonii

(c)                   Lobelia claviflora

(d)                   Mitrantia bilocularis

2  In the appropriate position under the heading “SPECIES THAT ARE ENDANGERED”

Insert each of the following species:

(e)                   Eucalyptus broviniensis

(f)                    Persoonia oxycoccoides

3  In the appropriate position under the heading “SPECIES THAT ARE ENDANGERED”

Omit the following species:

(g)                   Decaspermum struckoilicum