{"id":"F2021L00121","name":"Conservation theme for prioritising nominations of threatened species, threatened ecological communities and key threatening processes under Section 194D of the Environment Protection and Biodiversity Conservation Act 1999 (253)","slug":"f2021l00121","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319140,"registerId":"commonwealth-F2021L00121-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Conservation theme for prioritising nominations of threatened species, threatened ecological communities and key threatening processes under Section 194D of the Environment Protection and Biodiversity Conservation Act 1999 (253)","content":"![](image.001.png)\n\nCommonwealth of Australia\n\nConservation theme for prioritising nominations of threatened species, threatened ecological communities and key threatening processes under Section 194D of the Environment Protection and Biodiversity Conservation Act 1999 (253)\n\nI, SUSSAN LEY, Minister for the Environment under section 194D of the Environment Protection and Biodiversity Conservation Act 1999, determine that the following conservation theme should be given priority in relation to the assessment period commencing 1 October 2021:\n\n‘Species and ecological communities that require listing or transfer to a higher listing category as a result of the impacts of the 2019/20 bushfires’\n\nSussan Ley\n\n..............................................................................................................\n\nMinister for the Environment\n\nDated ……………...13 January................………………….…………. 2021…………","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination does not change the statutory scope of what may be listed under the EPBC Act; it designates a priority conservation theme for the assessment period commencing 1 October 2021 under section 194D. The instrument directs prioritisation of nominations that claim a need for listing or transfer to a higher category because of 2019/20 bushfire impacts but does not itself alter listing criteria, legal status or impose specific regulatory obligations."},"complexity_factors":["Single, narrowly framed substantive criterion (link to 2019/20 bushfire impacts).","Temporal limitation (assessment period commencing 1 October 2021) — limited duration increases procedural clarity but requires tracking.","Legal hook to section 194D of the EPBC Act (delegates an administrative prioritisation rather than altering substantive law).","Phrase \"as a result of\" requires factual/causal assessment, which introduces evidentiary judgement in implementation.","Instrument is short and leaves procedural details (evidentiary standards, resource allocation, and sequencing) to implementing bodies, creating potential discretion in practice."],"plain_english_summary":"What this instrument does (mechanics)\n\n- The Minister for the Environment, under section 194D of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declares a conservation \"theme\" to be given priority for nominations during the assessment period commencing 1 October 2021. (See s194D.)\n- The declared priority theme is: “Species and ecological communities that require listing or transfer to a higher listing category as a result of the impacts of the 2019/20 bushfires.”\n\nWho this affects\n\n- The determination applies to nominations made under the EPBC Act for threatened species, threatened ecological communities and key threatening processes: those nominations that claim a need for listing or an upward transfer in threat category because of 2019/20 bushfire impacts will be treated as a priority for the stated assessment period. The instrument itself identifies the Minister as the decision-maker for setting the priority theme (s194D).\n- Parties who make or rely on nominations (nominators, conservation bodies, landholders and other stakeholders involved in assessments) are the practical stakeholders affected by the change in assessment priority.\n\nWhy it matters (practical effects and decision mechanics)\n\n- Mechanically, the instrument changes the order in which nominations are assessed by instructing decision‑makers to prioritise that particular category of nominations for the stated assessment period. The instrument does not itself alter listing outcomes; it sets the theme that should receive priority attention under the Act (s194D).\n- This creates allocation effects: administrative attention and resources for assessment are explicitly steered toward nominations linked to the 2019/20 bushfires. As a result, nominations outside this theme may receive lower priority during the stated assessment period (opportunity cost of prioritisation).\n- The theme’s wording requires a causal connection — nominations must claim that listing or a transfer to a higher category is required “as a result of the impacts of the 2019/20 bushfires.” That phrasing implies that assessment processes will need to address whether the bushfires caused the change in conservation status (an evidentiary or threshold matter built into the priority criterion).\n\nImplementation, incentives and burdens (what changes for actors)\n\n- Who decides: the Minister sets the priority theme under s194D; officials and assessment bodies implement prioritisation during the assessment period.\n- Who pays / bears burdens: the instrument does not specify funding, fees or direct monetary costs. It does, however, create a procedural effect: nominators who wish to be treated as priority will need to frame and support nominations to show the required link to the 2019/20 bushfires, which can impose an evidentiary or preparation burden on nominators. The instrument itself does not allocate costs or fees.\n- Incentives and trade-offs: by elevating nominations tied to bushfire impacts, the instrument increases the administrative value of demonstrating that a species or community’s status change is fire-related. The trade-off is that other nominations may be deprioritised for the same assessment period (opportunity cost).\n- Bureaucratic discretion and implementation risk: the determination leaves assessment practice and any necessary factual evaluations (for example, whether an entity “requires listing… as a result of” bushfire impacts) to the implementing officials and processes; the instrument does not prescribe evidentiary standards or procedural detail.\n\nEffects on private choice and enterprises\n\n- The instrument itself is a prioritisation instruction; it does not by itself change legal protections, regulatory obligations, or economic rules. It may, however, affect timing and relative attention for nominations that could later result in listing decisions. The instrument does not describe subsequent regulatory consequences, nor does it change the statutory criteria for listing; it only identifies which nominations should be prioritised for assessment in the stated period (s194D).\n\nSummary statement\n\n- This is a time‑bound administrative prioritisation: the Minister uses the authority in s194D to direct that nominations asserting that the 2019/20 bushfires caused a need to list or upgrade the listing of species or ecological communities be treated as a priority for assessments beginning 1 October 2021. The instrument shifts assessment focus and creates evidentiary incentives for nominators, but it does not itself change listing law or specify funding, evidentiary standards or downstream regulatory consequences."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument operates exactly within its intended scope under section 194D of the EPBC Act, which specifically authorises the Minister to determine conservation themes for prioritising nominations. The content is narrow, time-bound, and directly responsive to the statutory purpose."},"complexity_factors":["Single operative provision: one sentence determining the conservation theme","No defined terms section","No cross-references to other legislation beyond the enabling section (s 194D)","No conditional logic or exceptions","Total length: approximately 100 words of substantive content","Straightforward administrative instrument with clear temporal and substantive scope"],"plain_english_summary":"This is a **Ministerial determination** (a formal decision made by a government minister) that sets a priority focus for protecting Australia's threatened wildlife and ecosystems.\n\n**What it does:**\nThe Minister for the Environment has decided that when assessing which plants, animals, and ecological communities should be added to Australia's official threatened species list—or moved up to a more urgent protection category—priority should be given to those harmed by the **2019–2020 bushfires** (the catastrophic \"Black Summer\" fires).\n\n**Who it affects:**\n- **Scientists and conservation groups** making nominations for species protection\n- The **Threatened Species Scientific Committee**, which advises the Minister on these nominations\n- **Native plants, animals, and ecosystems** that were burned, fragmented, or stressed by the 2019–20 fire season\n\n**Why it matters:**\nNormally, species nominations are assessed in the order they're received or based on general urgency. This determination creates a **fast-track** for fire-affected species, recognising that the bushfires caused unprecedented damage to Australian biodiversity. It ensures limited government resources focus first on species whose survival was most immediately threatened by that specific disaster.\n\n**Key detail:**\nThis priority applies to nominations assessed during the period starting **1 October 2021**."}},"importantCases":[],"_links":{"self":"/api/acts/f2021l00121","history":"/api/acts/f2021l00121/history","analysis":"/api/acts/f2021l00121/analysis","conflicts":"/api/acts/f2021l00121/conflicts","importantCases":"/api/acts/f2021l00121/important-cases","documents":"/api/acts/f2021l00121/documents"}}