{"id":"F2012L00960","name":"Determination that a distinct population of biological entities is a species for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (132) (27/04/2012)","slug":"determination-that-a-distinct-population-of-biological-entities-is-a-species-for-the-purposes-of-the","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":89292,"registerId":"commonwealth-F2012L00960-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Determination that a distinct population of biological entities is a species for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (132) (27/04/2012)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: _\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\nCommonwealth of Australia\n\n \n\nDetermination that a distinct population of biological entities is a species for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (132)\n\n \n\n \n\nI, TONY BURKE, Minister for Sustainability, Environment, Water, Population and Communities, pursuant to section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), hereby determine that the following distinct population of biological entities is a species for the purposes of that Act:\n\n \n\n \n\n- Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory)\n\n\n \n\n \n\n \n\n \n\n \n\n \n\nDated this 27th day of April 2012\n\n \n\n \n\n \n\n \n\nTONY BURKE\n\nMinister for Sustainability, Environment, Water, Population and Communities\n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument records a ministerial classification: it declares that the named combined population is a species for the purposes of the EPBC Act. The text does not indicate a change from a prior definition or scope within the instrument itself, nor does it purport to amend other provisions; it simply applies the statutory power in section 517 to make the specified determination."},"complexity_factors":["Single, narrowly targeted administrative decision rather than multi-part regulatory scheme","Made under a single statutory provision (section 517), so legal basis is straightforward","Names a single taxon with a clear geographic qualifier (QLD, NSW, ACT)","Instrument contains minimal text and no procedural or substantive thresholds","Practical application depends on interpretation of other EPBC Act provisions and guidance (cross-referencing increases downstream complexity)","Potential cross-jurisdictional application (three jurisdictions) creates operational considerations for regulated parties"],"plain_english_summary":"What this instrument does (mechanical change)\n\n- This is a ministerial determination made under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It declares that a particular distinct population of biological entities is to be treated as a “species” for the purposes of the EPBC Act. (See: section 517 and the text of the determination.)\n\nWhat is being declared\n\n- The determination names Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) as a species for the purposes of the EPBC Act. The declaration is dated 27 April 2012 and signed by the Minister. (See: the determination text.)\n\nWho decides and who is affected\n\n- The decision is made by the Commonwealth Minister under the statutory power cited (section 517). The instrument changes which biological entities the EPBC Act treats as a species. As a result, persons and organisations whose activities are regulated by the EPBC Act — for example, anyone whose actions interact with the named population — will find that the set of entities the Act covers now includes this combined population. The text does not specify particular downstream obligations; it only performs the statutory classification.\n\nWhy this matters (official claim and practical implications)\n\n- Officially, the determination exists to establish that the listed population is a species “for the purposes of” the EPBC Act. That is the explicit legal effect recorded in the instrument. Practically, changing which biological entities qualify as a species under the EPBC Act alters the universe of entities to which the Act’s provisions can apply. The instrument itself does not describe any specific regulatory consequences, costs, or compliance steps — it only records the Minister’s statutory classification.\n\nCosts, incentives, trade-offs and implementation notes (source-grounded)\n\n- Who pays: The instrument does not spell out monetary costs. By changing which entities are treated as a species under the EPBC Act, it may shift regulatory obligations onto people and organisations whose actions affect that listed population; those affected parties would bear any compliance costs created by the Act’s application. (This follows from the instrument’s effect of changing the Act’s scope.)\n\n- Who decides: The instrument is an exercise of ministerial discretion under section 517. The determination format indicates a centralized executive decision rather than a court or administrative tribunal outcome.\n\n- Incentives and behaviour: Because the instrument changes the statutory status of a population, it changes the legal classification that determines when the EPBC Act applies. The text does not identify specific behavioural requirements, enforcement steps, or approvals triggered; those consequences depend on other provisions of the EPBC Act and subordinate instruments.\n\n- Compliance burden and bureaucratic discretion: The determination itself is short and factual. It confers discretion previously vested in the Minister (as exercised here). Any change in compliance burden flows from the Act’s operation once the population is within the Act’s species definition, not from additional procedural content in this instrument.\n\n- Implementation risk and ambiguity: The instrument gives a precise name and geographic qualifier (Queensland, New South Wales and the Australian Capital Territory). It does not provide further definitions, maps, or thresholds, so practical application (for example, identifying which individual organisms or local populations fall within the declared group) will depend on how other parts of the EPBC Act and implementing guidance interpret the listed description.\n\nKey citation: the instrument is made pursuant to section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and names Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) as a species for the purposes of that Act."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function intended by section 517 of the EPBC Act: allowing the Minister to recognise distinct populations as species for conservation purposes. The scope remains tightly confined to the specific biological entity listed (koalas in QLD/NSW/ACT) and does not expand beyond the statutory purpose."},"complexity_factors":["Single operative provision: one determination covering one species/population","No defined terms section","No cross-references to other legislation beyond the empowering provision (section 517)","No conditional logic, exceptions or procedural requirements","Extremely short: approximately 150 words of substantive content","Standard ministerial determination format with no innovative legal structures"],"plain_english_summary":"This is a short legal decision made by the federal Environment Minister in 2012. It officially recognises that koalas living in Queensland, New South Wales and the ACT are a distinct group (or 'species') for the purposes of Australia's main environmental law, the **Environment Protection and Biodiversity Conservation Act 1999** (often called the EPBC Act).\n\n**What this means:**\n- **Koalas** (*Phascolarctos cinereus*) are normally considered one species across Australia.\n- This determination **splits out** the koalas in QLD, NSW and the ACT as a separate population for legal purposes.\n- This allows these koalas to be assessed and listed separately for **threatened species protection** (for example, as 'vulnerable', 'endangered' or 'critically endangered') even if koalas in Victoria and South Australia are not in the same trouble.\n\n**Why it matters:**\n- It gives stronger legal protection to koalas in the eastern states where their numbers were declining due to habitat loss, disease and other pressures.\n- It recognises that a species can have different conservation needs in different parts of the country.\n- It was a step toward the eventual listing of these koalas as vulnerable in 2012."}},"importantCases":[],"_links":{"self":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-for-the-purposes-of-the","history":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-for-the-purposes-of-the/history","analysis":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-for-the-purposes-of-the/analysis","conflicts":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-for-the-purposes-of-the/conflicts","importantCases":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-for-the-purposes-of-the/important-cases","documents":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-for-the-purposes-of-the/documents"}}