{"id":"F2008B00464","name":"Determination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (05/05/2004)","slug":"determination-that-a-distinct-population-of-biological-entities-is-a-species-under-section-517-of-th","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71658,"registerId":"commonwealth-F2008B00464-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 under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (05/05/2004)","content":"Commonwealth of Australia\n\nDetermination that a distinct population of biological entities is a species under\n\nsection 517 of the Environment Protection and Biodiversity Conservation Act 1999\n\nI, DAVID KEMP, Minister for the Environment and Heritage, pursuant to section 517(1) of the Environment Protection and Biodiversity Conservation Act 1999, hereby determine that the following populations of biological entities are species of that Act:\n\n-   Dasyurus maculatus maculatus (southeastern mainland population) (Spot-tailed Quoll, Spotted-tailed Quoll, Tiger Quoll (southeastern mainland population)).\n\n-   Dasyurus maculatus maculatus (Tasmanian population) (Spot-tailed Quoll, Spotted-tailed Quoll, Tiger Quoll (Tasmanian population)).\n\nDated this 5th day of May 2004\n\nDAVID KEMP\n\nMinister for the Environment and Heritage","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 517 of the EPBC Act: allowing the Minister to determine that a distinct population of biological entities should be treated as a species for the purposes of the Act. The scope remains precisely aligned with the statutory power."},"complexity_factors":["Single operative provision with no defined terms","No cross-references to other sections beyond the enabling power (section 517)","No conditional logic or exceptions","Extremely short (under 200 words total)","Simple declarative format: 'I, [Minister], determine that [X] is a species'"],"plain_english_summary":"This is a **ministerial determination** (an official decision made by a government minister) that splits one animal into two separate protected species for legal purposes.\n\n**What it does:**\nThe Minister for the Environment declared that the **Spot-tailed Quoll** (also called the Spotted-tailed Quoll or Tiger Quoll) should be treated as **two distinct species** under Australia's main environmental law, rather than one.\n\nSpecifically, it separates:\n- The **southeastern mainland population** (found in parts of Victoria, New South Wales, and Queensland)\n- The **Tasmanian population**\n\n**Why this matters:**\nUnder the *Environment Protection and Biodiversity Conservation Act 1999* (the EPBC Act), \"species\" status triggers stronger legal protections. By declaring these populations as separate species, each group gets its own conservation assessment and protection. This is significant because:\n- The mainland population is **endangered** and much rarer\n- The Tasmanian population is more secure\n\nWithout this split, the healthier Tasmanian population might have masked the decline of the critically threatened mainland group. Now each population must be assessed and protected separately.\n\n**Who it affects:**\n- Conservation scientists and wildlife managers who track population numbers\n- Land developers and farmers who need environmental approvals in quoll habitat\n- Anyone conducting activities that might impact these animals (higher penalties and stricter rules now apply separately to each population)"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The determination changes the formal scope of the EPBC Act's coverage by declaring two specific populations of Dasyurus maculatus maculatus to be \"species\" under section 517(1). Prior to this instrument those particular population labels were not recorded as species in this determination; the instrument therefore alters which biological entities are identified as species under the Act. The instrument itself does not specify downstream regulatory measures or operational boundaries."},"complexity_factors":["Narrow, single-purpose instrument: simply declares two population units as species under a specific statutory power (section 517(1)).","Technical terminology: uses taxonomic naming (Latin binomial and population qualifiers) which may require expertise to interpret precisely.","Absence of definitions or boundaries: the instrument does not define the geographic limits or biological criteria for the named populations, leaving potential interpretive questions.","Dependence on external statute: the practical effect and interaction with other regulatory provisions are not stated and require reference to the EPBC Act.","Administrative discretion evident: the determination is an exercise of ministerial power without accompanying explanatory detail on implementation."],"plain_english_summary":"The Minister for the Environment and Heritage used s.517(1) of the EPBC Act to declare two populations of Dasyurus maculatus maculatus — the southeastern mainland and the Tasmanian populations — to be treated as \"species\" under the Act.  \n\nThis changes their formal legal classification within the EPBC scheme but does not itself prescribe geographic boundaries, management measures, or compliance rules; those follow from other provisions and administrative action."}},"importantCases":[],"_links":{"self":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-under-section-517-of-th","history":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-under-section-517-of-th/history","analysis":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-under-section-517-of-th/analysis","conflicts":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-under-section-517-of-th/conflicts","importantCases":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-under-section-517-of-th/important-cases","documents":"/api/acts/determination-that-a-distinct-population-of-biological-entities-is-a-species-under-section-517-of-th/documents"}}