Download Protecting Nationally Threatened Species

Biodiversity Fact Sheets
Protecting Nationally
Threatened Species
Species which are listed as threatened species under state and
federal legislation receive special protection. This fact sheet looks
at protection of threatened species at a national level. For more information about
protection of threatened species in Tasmania, see “Biodiversity Fact Sheet - Protecting
Tasmania’s Threatened Species”
What are ‘threatened species’?
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act),
the Minister maintains a list of threatened species and threatened ecological communities.
There are several different categories of threatened species listed under EPBC Act:
STATUS
Extinct
Extinct in the wild
Critically Endangered
Endangered
Vulnerable
Conservation Dependent
CRITERIA
 No reasonable doubt that the last member of the
species has died
 Known only to survive in cultivation, in captivity or
as a naturalised population well outside its past range
 Has not been recorded in its known / expected habitat
despite exhaustive surveys
 Facing an extremely high risk of extinction in the
wild in the immediate future
 Facing a very high risk of extinction in the wild in the
near future, but not critically endangered
 Not endangered, but facing a high risk of extinction
in the wild in the medium-term future
 Subject to a specific conservation program, the
cessation of which would result in the species
becoming vulnerable, endangered or critically
endangered within a period of 5 years
How does a species or ecological community become listed?
Any person may nominate a native species / ecological community to be listed (or delisted) as threatened under the EPBC Act. The Threatened Species Scientific Committee
(TSSC) has 12 months to assess each nomination and determine the conservation status
of the species / community. After considering the relevant criteria and any public
submissions, the TSSC makes a recommendation to the Minister.
The Minister generally allows at least two months for the public to commence on the
nomination and can obtain any further scientific information he considers relevant. He
then decides whether to include the species / ecological community in the list of
This Fact Sheet has been prepared for information only and does not constitute legal advice.
For advice on your legal rights and enforcement options, contact the
Environmental Defenders Office (EDO) Tasmania, on (03) 6223 2770 or email [email protected]
threatened species or threatened ecological communities and publishes his decision in the
Government Gazette.
How are threatened species and communities protected?
The Minister must ensure that a recovery plan is prepared and implemented for each
listed threatened species or ecological community. Recovery plans must set out research
and management actions required for the recovery of the species, identify critical habitats
and identify actions that threaten the species or ecological community.
The Minister must also maintain a list of key threatening processes (activities that
threaten the survival or abundance of listed threatened species or ecological
communities). The Minister may decide to implement a threat abatement plan to manage
the key threatening process if he is satisfied that it is “feasible, effective and efficient”.
Under the EPBC Act it is an offence to carry out any action that has, will have or is likely
to have a significant impact on:
 a threatened species listed as extinct in the wild, critically endangered, endangered or
vulnerable; or
 a threatened ecological community listed as critically endangered or endangered,
without an approval from the Minister.
To assess whether the impact on the threatened species or community is likely to be
“significant”, check the Administrative Guidelines on Significance at www.deh.gov.au/.
For example, an activity will have a significant impact where it will result in a long-term
decrease in the population of the threatened species, fragmentation of an existing
population, adversely affect critical habitat or disrupt the breeding cycle of the species.
In deciding whether or not to approve the taking of an action that may have a significant
impact on a listed threatened species or ecological community, and what conditions to
attach to the approval, the Minister will consider social and economic issues, reports or
submissions received from the public, Australia’s obligation under the Biodiversity
Convention and the terms of any relevant recovery or threat abatement plan.
Protecting threatened species on Commonwealth land
In addition to the approval process discussed above, a permit is required to do any of the
following activities in a Commonwealth area (including a Commonwealth marine area):
 Kill or injure a member of a listed threatened species (other than a “conservation
dependent” species) or ecological community;
 Take, trade, keep or move a member of a listed threatened species (other than a
member of a “conservation dependent” species) or ecological community;
 Significantly damage habitat that is listed on the Register of Critical Habitat as
critical to the survival of a listed threatened species or ecological community (other
than a “conservation dependent” species).
For more information about the EPBC Act, visit www.deh.gov.au/epbc or contact the
EPBC Unit at www.wwf.org.au.
This Fact Sheet has been prepared for information only and does not constitute legal advice.
For advice on your legal rights and enforcement options, contact the
Environmental Defenders Office (EDO) Tasmania, on (03) 6223 2770 or email [email protected]