{"id":"F2026L00024","name":"Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC92)) Instrument 2026","slug":"environment-protection-and-biodiversity-conservation-amendment-list-of-threatened-ecological-communi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443128,"registerId":"F2026L00024-fast-fetch-1775958039127","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC92)) Instrument 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEnvironment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC92)) Instrument 2026\n\nI, Murray Watt, Minister for the Environment and Water, make the following instrument.\n\nDated  14 January 2026\n\n \n\nMurray Watt\n\nMinister for the Environment and Water\n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\nSchedule 1—Amendments\n\nDeclaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 - List of threatened species, List of threatened ecological communities and List of threatening processes\n\nSchedule 2— Description of ecological community\n\n \n\n \n\n1  Name\n\n  This instrument is the Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC92)) Instrument 2026.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Authority\n\n  This instrument is made under section 184 of the Environment Protection and Biodiversity Conservation Act 1999.\n\n4  Schedules\n\n  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in Schedule 1 to this instrument has effect according to its terms.\n\nSchedule 1—Amendments\n\nDeclaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 - List of threatened species, List of threatened ecological communities and List of threatening processes\n\n1  In the appropriate position under the category heading “ECOLOGICAL COMMUNITIES THAT ARE CRITICALLY ENDANGERED”\n\nInsert the following ecological community:\n\n (a) River Murray downstream of the Darling River, and associated aquatic and floodplain systems\n\nSchedule 2— Description of ecological community\n\nRiver Murray downstream of the Darling River, and associated aquatic and floodplain systems\n\nThe ecological community consists of the assemblage of native flora, fauna and other organisms associated with and dependent upon the River Murray lowland floodplain-river system, below the river's confluence with the Darling River, and downstream to the sea. The ecological community is associated with a complex of interconnected aquatic, semi-aquatic and terrestrial habitats that form a meta-ecosystem, including: the main river channel and estuary, lakes, associated tributaries, floodplain wetlands and woodlands-forests-shrublands; and groundwater.\n\nThe area in nature for the ecological community occurs across six bio-geographical sub-units along the length of the main channel that have characteristic ecological identities and are highly connected. These sub-units are summarised as follows:\n\n- Top Valley Section - from the Darling junction near Wentworth, to Overland Corner. This section includes two Ramsar-listed wetland complexes, the Riverland and Banrock Station.\n- Murray Gorge Section - from Overland Corner to Mannum. The Marne and Saunders rivers enter this section from the Eastern Mount Lofty Ranges.\n- Lower Swamplands Section - from Mannum, past Murray Bridge and Tailem Bend to Wellington. Reedy Creek flows into this section.\n- Eastern Mount Lofty Ranges Watershed Section - incorporates the perennial and ephemeral streams within the region defined by the Prescribed Water Resources Areas for the Eastern Mount Lofty Ranges and the Marne-Saunders.\n- Lower Lakes Section - between Wellington and the Coorong there is a shallow lake system with marginal wetlands and adjacent ephemeral saline ponds (including Lake Alexandrina and the terminal Lake Albert).\n- Coorong and Murray Mouth Section - the estuarine terminus of the River Murray (and the MDB), including associated islands and coastal sand dune systems.\n\n\nThe general boundary for most of the ecological community is the 1956 flood line.\n\nThe vegetation throughout the ecological community exhibits considerable variation, both along the river and across the floodplain, depending on varying habitat types. The overstorey vegetation is typically dominated by two tree species, Eucalyptus camaldulensis (river red gum) and/or Eucalyptus largiflorens (black box), whilst Acacia stenophylla (river cooba) is another important canopy species in some areas. Floodplain habitats generally range from forest and woodland, through to shrubland, herbland, sedgeland and grassland areas. There is also fringing native vegetation in many areas and open water also may contain expansive and permanent stands of native aquatic vegetation (macrophytes), especially when in good condition.\n\nThe ecological community includes a variety of fauna species, both aquatic (freshwater to estuarine) and terrestrial. This includes several functionally important species, endemic species and species that are listed as threatened at a national level.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 184 of the EPBC Act 1999: adding a specific ecological community to the threatened list. The scope remains tightly focused on this single listing decision, with the descriptive material in Schedule 2 serving only to identify the boundaries and characteristics of the listed community."},"complexity_factors":["Very short instrument (approximately 2 pages of substantive content)","Single, straightforward amendment: inserting one ecological community into an existing list","No defined terms section — relies on existing definitions in the parent EPBC Act 1999","No conditional logic, exceptions, or nested provisions","Descriptive Schedule 2 provides ecological detail but creates no legal obligations itself","Simple structure: standard name/commencement/authority clauses, one amendment item, one descriptive schedule"],"plain_english_summary":"The Minister has declared the \"River Murray downstream of the Darling River, and associated aquatic and floodplain systems\" a critically endangered ecological community under the EPBC Act. That brings the highest national protections and means any activity likely to significantly impact this ecosystem now needs federal approval.\n\nThe listing affects farmers and irrigators, developers, state governments (NSW, Victoria, SA) and conservation groups, because it intensifies federal oversight of water use, construction and other actions across the lower Murray, Lower Lakes and Coorong system."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument expands the Commonwealth list of threatened ecological communities by adding a single, extensive community — the River Murray downstream of the Darling River and associated aquatic and floodplain systems (Schedule 1). The addition covers six bio‑geographical sub‑units and sets the general boundary at the 1956 flood line (Schedule 2), thereby enlarging the geographic and ecological scope of communities captured by the EPBC listing framework rather than narrowing or removing any prior listings."},"complexity_factors":["Legal linkage and authority: Made under s184 of the EPBC Act and described as a declaration under ss178, 181 and 183 (see cl 3 and Schedule 1 heading), tying the instrument into existing statutory listing processes.","Broad, linear geographic scope: Covers the River Murray from the Darling junction downstream to the sea, crossing multiple environments and administrative boundaries (Schedule 2).","Subdivision into six bio‑geographical sub‑units with distinct identities (Schedule 2), increasing ecological and management heterogeneity.","Boundary definition uses a historical flood line (1956 flood line) rather than a simple cadastral or coordinate boundary (Schedule 2), creating potential mapping and interpretation complexity.","Ecosystem heterogeneity: description spans river channel, estuary, lakes, tributaries, floodplain wetlands, woodlands/forests/shrublands and groundwater (Schedule 2), complicating assessment of impacts and condition.","Overlap with internationally recognised wetlands (Ramsar sites named in Schedule 2 Top Valley section), creating potential for cross‑regulatory interaction.","Practical implementation burden: the large, continuous area and mixed tenure imply monitoring, mapping and compliance responsibilities for multiple landholders, water managers and agencies (inferred from Schedule 2 scope and cl 4 effecting amendments).","Timing and immediate effect: instrument commences the day after registration (cl 2), giving limited lead time for affected parties to adjust."],"plain_english_summary":"This instrument adds the \"River Murray downstream of the Darling River, and associated aquatic and floodplain systems\" to the Commonwealth list of ecological communities classified as Critically Endangered under the Environment Protection and Biodiversity Conservation Act 1999 (Schedule 1). It defines the community’s geographic scope in six bio‑geographical sub‑units and by the 1956 flood line (Schedule 2). The change affects landholders, water managers, developers and government agencies working in that river–floodplain area because the community is now a listed ecological community under the EPBC Act framework."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-and-biodiversity-conservation-amendment-list-of-threatened-ecological-communi","history":"/api/acts/environment-protection-and-biodiversity-conservation-amendment-list-of-threatened-ecological-communi/history","analysis":"/api/acts/environment-protection-and-biodiversity-conservation-amendment-list-of-threatened-ecological-communi/analysis","conflicts":"/api/acts/environment-protection-and-biodiversity-conservation-amendment-list-of-threatened-ecological-communi/conflicts","importantCases":"/api/acts/environment-protection-and-biodiversity-conservation-amendment-list-of-threatened-ecological-communi/important-cases","documents":"/api/acts/environment-protection-and-biodiversity-conservation-amendment-list-of-threatened-ecological-communi/documents"}}