{"id":"F2010L02151","name":"Determination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (97) (13/07/2010)","slug":"f2010l02151","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":341938,"registerId":"commonwealth-F2010L02151-current","compilationNumber":null,"startDate":"2026-04-08","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 (97) (13/07/2010)","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: Commonwealth of Australia\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nCommonwealth of Australia\n\n \n\nDetermination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (97)\n\n \n\n \n\nI, PETER ROBERT GARRETT, Minister for Environment Protection, Heritage and the Arts, pursuant to section 517(1) of the Environment Protection and Biodiversity Conservation Act 1999, hereby determine that the following population of biological entities is a species for the purposes of that Act:\n\n \n\n- Tyto novaehollandiae castanops (Tasmanian population)\n\n\n \n\n \n\n \n\n \n\nDated this13th day of July 2010\n\n \n\n \n\n \n\n \n\n \n\nPeter Robert Garrett\n\n# Minister for Environment Protection, Heritage and the Arts\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument changes the legal classification of the Tasmanian population of \"Tyto novaehollandiae castanops\" by declaring that population to be a species for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (pursuant to section 517(1)). The instrument itself does not state the prior classification or the downstream regulatory consequences; it effects a change in scope within the EPBC Act by altering how that population is categorised under the Act."},"complexity_factors":["Single-paragraph, single-declaration instrument with limited text","Relies on an external statutory provision (section 517(1) of the EPBC Act) for legal authority","No reasoning, evidence, or implementation detail included in the instrument","Legal effect depends on how the EPBC Act applies to a population once treated as a species (outcomes not specified here)","Ministerial discretion exercised without recorded decision-making criteria in the instrument"],"plain_english_summary":"The Minister for Environment Protection, Heritage and the Arts formally declares the Tasmanian population of Tyto novaehollandiae castanops to be a “species” for the purposes of the Environment Protection and Biodiversity Conservation Act 1999. The determination (signed 13 July 2010 by Peter Garrett) changes the population’s legal classification under the Act.\n\nThe instrument contains no rationale, cost attribution, or implementation details; any regulatory effects follow from treating the population as a species under the EPBC Act, not from this text itself."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a discrete administrative determination made under a specific statutory power. It has not expanded beyond its original purpose, which was to elevate the conservation status of a specific biological population through taxonomic reclassification for legal purposes."},"complexity_factors":["Extremely short document (under 200 words)","No defined terms section","No cross-references to other legislation beyond the single enabling provision (section 517)","No conditional logic or exceptions","Single operative clause with straightforward factual determination","No procedural requirements or compliance mechanisms within the instrument itself"],"plain_english_summary":"This is a short official decision made by the federal Environment Minister in 2010. It declares that a specific group of Tasmanian masked owls counts as a separate 'species' under Australia's main environmental protection law, even though they are technically a subspecies (a smaller grouping within a species).\n\n**What it does:**\n- Uses special powers in the *Environment Protection and Biodiversity Conservation Act 1999* (the EPBC Act) to treat the Tasmanian population of masked owls (*Tyto novaehollandiae castanops*) as if it were a full species\n\n**Why this matters:**\n- Under the EPBC Act, 'species' get stronger legal protection than subspecies or populations\n- This determination means the Tasmanian masked owl population can be listed as threatened (endangered, vulnerable, etc.) and receive specific conservation protections\n- Without this determination, the group might not qualify for the same level of federal protection\n\n**Who it affects:**\n- The Tasmanian masked owl population itself\n- Anyone whose activities might impact this owl population (developers, foresters, land managers in Tasmania)\n- Conservation groups seeking to protect the population"}},"importantCases":[],"_links":{"self":"/api/acts/f2010l02151","history":"/api/acts/f2010l02151/history","analysis":"/api/acts/f2010l02151/analysis","conflicts":"/api/acts/f2010l02151/conflicts","importantCases":"/api/acts/f2010l02151/important-cases","documents":"/api/acts/f2010l02151/documents"}}