{"id":"F2018L01186","name":"Determination that a distinct population of biological entities is a species under section 517 of the Environment Protection and Biodiversity Conservation Act 1999 (208)","slug":"f2018l01186","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318093,"registerId":"commonwealth-F2018L01186-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 (208)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\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 (208)\n\n \n\n \n\nI, MELISSA PRICE, Assistant Minister for the Environment, under section 517 of the Environment Protection and Biodiversity Conservation Act 1999, determine that the following population of biological entities is a species for the purposes of that Act:\n\n \n\n \n\nGalaxias truttaceus (Western Australian population)\n\n \n\n \n\n \n\nMelissa Price\n\n \n\n \n\n \n\n \n\nAssistant Minister for the Environment\n\n \n\n \n\n \n\n \n\nDated this 8/8/2018\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself does not change the statutory scope of the EPBC Act; it records a specific administrative determination that a named population is to be treated as a \"species\" under the Act (made under s.517). The instrument contains no indication that it widens or narrows the legal scope beyond declaring that status, nor does it modify the Act or otherwise alter its text."},"complexity_factors":["Instrument is very short and narrowly focused (single declaratory sentence), reducing procedural complexity.","Relies on an external statutory framework (EPBC Act s.517) for meaning and consequences, requiring reference to other law to understand effects.","No implementation detail, cost allocation, or criteria included in the instrument, creating interpretive uncertainty about downstream effects.","Decision is made by a single identified official (Assistant Minister), reflecting concentrated decision-making power.","Potential administrative and regulatory consequences depend entirely on provisions outside this instrument, so full legal effect is dispersed across other sources.","No explanatory material or stated rationale is attached, increasing the need to consult other records or the parent Act for context."],"plain_english_summary":"The Assistant Minister for the Environment (Melissa Price) used her power under section 517 of the EPBC Act to declare the \"Galaxias truttaceus (Western Australian population)\" to be a “species” for the purposes of the Act (determination dated 8/8/2018).  \n\nThe instrument records a legal status change only; it does not set out management actions, costs, timelines, or enforcement details, leaving implementation and consequences to other provisions or later administrative steps."},"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 constitutes a species for the purposes of the Act. There is no scope creep; it is a standard, narrow administrative determination."},"complexity_factors":["Extremely short instrument — approximately 150 words total","No defined terms section","No cross-references to other legislation beyond the single empowering provision (section 517)","No conditional logic, exceptions, or procedural requirements","Single operative clause with straightforward factual determination","No schedules, tables, or annexed material of legal significance"],"plain_english_summary":"**What this does:**\n\nThis is a formal decision by the Assistant Minister for the Environment to recognise a specific group of fish as a \"species\" under Australia's main environmental law, the *Environment Protection and Biodiversity Conservation Act 1999* (often called the EPBC Act).\n\n**Who and what it affects:**\n\n- **The creature:** *Galaxias truttaceus* — a type of galaxiid fish, commonly known as the spotted galaxias or trout minnow. This determination applies specifically to the **Western Australian population** of this fish.\n- **Why it matters:** Once a population is declared a \"species\" under the EPBC Act, it can be assessed for listing as threatened (endangered, vulnerable, etc.). This triggers legal protections — for example, anyone wanting to do something that might harm this fish population may need federal approval.\n\n**The practical effect:**\n\nBefore this determination, the Western Australian population of *Galaxias truttaceus* was probably treated as just part of the broader species. Now it stands alone as a distinct \"species\" for legal purposes. This matters because:\n- It can be assessed separately from other populations\n- It may qualify for stronger protection if it's at risk\n- Development projects, water extraction, or other activities affecting this specific population now face stricter scrutiny\n\n**In short:** This is a technical but important move that opens the door to stronger federal environmental protection for a specific population of native fish in Western Australia."}},"importantCases":[],"_links":{"self":"/api/acts/f2018l01186","history":"/api/acts/f2018l01186/history","analysis":"/api/acts/f2018l01186/analysis","conflicts":"/api/acts/f2018l01186/conflicts","importantCases":"/api/acts/f2018l01186/important-cases","documents":"/api/acts/f2018l01186/documents"}}