{"id":"F2023L00333","name":"Environment Protection and Biodiversity Conservation (Species - Erythroxylum sp. Cholmondely Creek (J.R.Clarkson 9367) (Northern Territory population) (319)) Determination 2023","slug":"environment-protection-and-biodiversity-conservation-species-erythroxylum-sp-cholmondely-creek-j-r-c","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104009,"registerId":"commonwealth-F2023L00333-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Environment Protection and Biodiversity Conservation (Species - Erythroxylum sp. Cholmondely Creek (J.R.Clarkson 9367) (Northern Territory population) (319)) Determination 2023","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after it is registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 517 of the Environment Protection and Biodiversity Conservation Act 1999.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\nSchedule 1—Determination\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 Determination that the following population of biological entities is a species for the purposes of that Act:\n\n    Erythroxylum sp. Cholmondely Creek (J.R. Clarkson 9367) (Northern Territory population)","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the EPBC Act's framework for listing threatened species. It is a standard administrative determination that applies the Act's machinery to a specific biological entity. The scope has not expanded beyond the original legislative purpose of identifying and protecting threatened biodiversity."},"complexity_factors":["Extremely short instrument (under 300 words)","Only 4 operative sections plus a single-item schedule","No defined terms requiring interpretation","No cross-references to other legislation beyond the empowering provision (s517 EPBC Act) and the operative provisions (ss178, 181, 183)","Single, straightforward declaration with no conditions, exceptions, or nested logic","No amendments, repeals, or transitional provisions"],"plain_english_summary":"This is a technical legal instrument that **adds a specific plant population to Australia's official list of threatened species**.\n\n**What it does:**\n- Recognises a particular plant — known scientifically as *Erythroxylum* sp. Cholmondely Creek (J.R. Clarkson 9367), specifically the Northern Territory population — as a distinct \"species\" under national environmental law.\n- This listing triggers legal protections under the *Environment Protection and Biodiversity Conservation Act 1999* (the EPBC Act), Australia's main environmental law.\n\n**Who it affects:**\n- **Land managers and developers** in the Northern Territory who must now consider this plant in environmental assessments.\n- **Scientists and conservationists** who work with threatened species.\n- **Government decision-makers** who must apply the \"species\" classification when assessing projects that might impact this plant population.\n\n**Why it matters:**\nThis is a **taxonomy determination** (a ruling on how to classify a living thing). Even though this plant is part of a larger species group, the government is treating this specific Northern Territory population as if it were its own species for legal purposes. This matters because:\n- It gives this isolated population stronger protection than it would have as just part of a broader species.\n- It recognises that geographically separate populations can be important for biodiversity even if they look similar to plants elsewhere.\n- Activities that might harm this population now require federal environmental approval.\n\n**In short:** A rare plant found near Cholmondely Creek in the NT just got its own legal identity, making it harder to accidentally bulldoze into extinction."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument expands the Act’s listed scope by declaring the named Northern Territory population to be a species for the purposes of the EPBC Act and associating it with the lists referenced in ss 178, 181 and 183 (Schedule 1). This alters which biological entities are treated under those statutory list headings."},"complexity_factors":["Single-purpose, short instrument limited to one taxonomic determination (Schedule 1—Determination).","Commencement is immediate (day after registration) creating low procedural delay (see section 2).","Made under express statutory authority rather than creating new procedural rules (authority: section 3, s517 of the Act).","Explicit linkage to statutory lists in ss 178, 181 and 183 — legal effect depends on those external provisions (Schedule 1 heading).","Section 4 provides an amending/repeal mechanism for instruments specified in Schedules, adding slight drafting complexity about interplay with other instruments.","No explanatory criteria, reasoning, or factual findings are included in the instrument itself — decision-only form reduces internal complexity but shifts reliance to external records."],"plain_english_summary":"This instrument declares that the Northern Territory population of Erythroxylum sp. Cholmondely Creek (J.R. Clarkson 9367) is a ‘species’ for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 and records it under the Act’s lists referred to in ss 178, 181 and 183. It commences the day after registration and is made under s 517. The instrument is a single, decision-only amendment that alters which biological entities are captured by those statutory lists."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-and-biodiversity-conservation-species-erythroxylum-sp-cholmondely-creek-j-r-c","history":"/api/acts/environment-protection-and-biodiversity-conservation-species-erythroxylum-sp-cholmondely-creek-j-r-c/history","analysis":"/api/acts/environment-protection-and-biodiversity-conservation-species-erythroxylum-sp-cholmondely-creek-j-r-c/analysis","conflicts":"/api/acts/environment-protection-and-biodiversity-conservation-species-erythroxylum-sp-cholmondely-creek-j-r-c/conflicts","importantCases":"/api/acts/environment-protection-and-biodiversity-conservation-species-erythroxylum-sp-cholmondely-creek-j-r-c/important-cases","documents":"/api/acts/environment-protection-and-biodiversity-conservation-species-erythroxylum-sp-cholmondely-creek-j-r-c/documents"}}