{"id":"F2026L00025","name":"Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC93)) Instrument 2026","slug":"f2026l00025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443126,"registerId":"F2026L00025-fast-fetch-1775958039125","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 (EC93)) 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 (EC93)) 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 (EC93)) 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Act 1999.\n\n4  Schedules\n\n  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in Schedule 1 to this instrument has effect according to its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 ENDANGERED”\n\nInsert the following ecological community:\n\n (a) Wetlands and inner floodplains of the Macquarie Marshes\n\nSchedule 2— Description of ecological community\n\nWetlands and inner floodplains of the Macquarie Marshes\n\nThe ecological community consists of the assemblage of native flora, fauna and other organisms associated with and dependent upon the lower Wambuul/Macquarie River, its anabranches, effluent streams and tributaries and associated floodplains. It is associated with a large, wetland ecosystem complex with interconnected habitats, including permanent/intermittent lowland streams and freshwater lakes, seasonal floodplain wetlands, and associated woodlands, forests, shrublands, marshlands and other vegetation types.\n\nThe area in nature for the Wetlands and inner floodplains of the Macquarie Marshes is within the northern Murray-Darling Basin and extends from: south-east of Brewarrina and includes occurrences near the Ginghet/Marra Creek confluence and Castlereagh/Wambuul/Macquarie River confluence; west of Quambone; and north of Warren and includes occurrences upstream of the Marebone Weir near the Junction Creek and Wambuul/Macquarie River confluence.\n\nThe ecological community occurs where water regularly overflows (breaks out of) the main Wambuul/Macquarie River channel, including Bulgeraga Creek, Gum Cowal Creek, Monkeygar Creek and Terrigal Creek, and develops as a network of smaller channels and braided swamps. The ecological community also occurs in areas further upstream and downstream from the floodplain that have similar biophysical characteristics, for instance the Ginghet Creek and Marthaguy Creek.\n\nThe vegetation throughout the Wetlands and inner floodplains of the Macquarie Marshes varies, both along river channels and across the floodplain, depending on the habitat type. The wetland vegetation assemblages that comprise the ecological community include:\n\n- Eucalyptus camaldulensis (river red gum) forest and woodland.\n- Shrubland wetland dominated by the native shrubs Acacia stenophylla (river cooba) or Duma florulenta (lignum).\n- Seasonal to intermittent marshland wetland dominated by native grasses, sedges and herbs. Key species include Paspalum distichum (water couch), Phragmites australis (reedbeds), Typha spp. (cumbungi), Bolboschoenus spp. (clubrushes) and Eleocharis spp. (spikerushes).\n- More permanent water bodies (lakes, billabongs, lagoons and channels) which may contain aquatic vegetation (macrophytes) such as Vallisneria australis (ribbon weed) and Azolla spp. (floating ferns).\n\n\nDue to variable hydrological regimes and inundation patterns between years, some ecotypes vary from wet to dry and the vegetation cover ranges from dense to sparse. During dry periods, vegetation typical of drier sites, such as dryland grasses and chenopods, may encroach into wetland sites. In natural systems this is a temporary cycle in which wetland vegetation will replace dryland species soon after inundation.\n\nThe ecological community includes a variety of aquatic and terrestrial fauna species. This includes several functionally important species, and species that are listed individually as threatened at a national level.\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function intended by the EPBC Act: adding a specific ecological community to the threatened list. The descriptive material in Schedule 2, while detailed, serves the statutory purpose of defining the boundaries and characteristics of the listed community, which is necessary for legal certainty about what is protected."},"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 requiring interpretation","No cross-references to other legislation beyond the basic authority provision (s184 of the EPBC Act)","Descriptive content in Schedule 2 is ecological/biological rather than legal in nature","No conditional logic, exceptions, or nested provisions","Follows a standard template for EPBC Act listing instruments"],"plain_english_summary":"This ministerial instrument lists the Wetlands and inner floodplains of the Macquarie Marshes (northern New South Wales, Murray–Darling Basin) as an endangered ecological community under the EPBC Act. It extends national legal protection to the marshes’ rivers, floodplains, wetlands and native species, meaning activities likely to significantly impact the ecosystem will require federal assessment and approval."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change the statutory scope or powers of the EPBC Act. It amends the threatened-lists by adding a named ecological community and providing its descriptive boundary and composition (Schedule 1 and Schedule 2); it does not create new statutory authorities or alter definitions beyond that listing."},"complexity_factors":["Legal form is simple: a Ministerial instrument made under section 184 of the EPBC Act (Authority, s3).","Amendment is narrow and specific: inserts one community into the category “ECOLOGICAL COMMUNITIES THAT ARE ENDANGERED” (Schedule 1, item 1).","Commencement is immediate (commences the day after registration) (s2), leaving little lead time for affected parties.","Description includes detailed place names and species lists (Schedule 2) which can create practical mapping and ecological-identification complexity when determining the exact spatial extent on the ground.","Use of ecological and taxonomic terms (native species lists, habitat types) requires technical interpretation by ecologists or regulators (Schedule 2).","Instrument references declarations under ss178, 181 and 183 (Schedule 1 heading), tying it into the EPBC listing framework and its downstream regulatory consequences.","Low drafting complexity but potentially moderate compliance complexity for land managers and proponents who must identify whether their land or activities intersect the described community."],"plain_english_summary":"**What this does.** This instrument adds the \"Wetlands and inner floodplains of the Macquarie Marshes\" to the Commonwealth list of endangered ecological communities and records a geographic and ecological description of that community.\n\n**Who it affects and why it matters.** The listing affects landowners, developers, resource users and public authorities active in the named area because it brings the area within the EPBC listing regime; the Minister made the instrument and it starts the day after registration."}},"importantCases":[],"_links":{"self":"/api/acts/f2026l00025","history":"/api/acts/f2026l00025/history","analysis":"/api/acts/f2026l00025/analysis","conflicts":"/api/acts/f2026l00025/conflicts","importantCases":"/api/acts/f2026l00025/important-cases","documents":"/api/acts/f2026l00025/documents"}}