{"id":"F2026L00287","name":"Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC187)) Instrument 2026","slug":"f2026l00287","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443211,"registerId":"F2026L00287-fast-fetch-1775958108074","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 (EC187)) 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 (EC187)) Instrument 2026\n\nI, Murray Watt, Minister for the Environment and Water, make the following instrument.\n\nDated  13 March 2026\n\nMurray Watt\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 (EC187)) 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Act 1999.\n\n4  Schedules\n\n  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in Schedule 1 to this instrument has effect according to its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)  Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria\n\nSchedule 2— Description of ecological community\n\nPinkwood cool temperate rainforests of south east New South Wales and far east Victoria\n\n \n\nThe ecological community consists of the native flora, fauna, and other organisms associated with, and dependent upon, cool temperate rainforests that typically has a simple, closed forest structure with dense horizontally-held foliage and abundant ferns and mosses. Eucryphia moorei (pinkwood, plumwood, eastern leatherwood) is the dominant tree species in most occurrences of the ecological community\n\nPinkwood cool temperate rainforests generally occur as small patches (mostly less than 20 ha) in the South East Corner, South East Highlands and Sydney Basin bioregions, scattered mainly between the Illawarra escarpment west of Wollongong in the north and in the vicinity of the NSW-Victorian border in the south. The ecological community typically occurs on sheltered upper slopes and gully heads, usually with a southerly or easterly aspect, on elevations usually around 400 m to 1050 m above sea level. It occurs on a range of lower fertility felsic to intermediate volcanic and fine-grained siliciclastic sedimentary substrates.\n\nThe ecological community is usually dominated by Eucryphia moorei (pinkwood, plumwood, eastern leatherwood), and has a closed canopy that is relatively uniform, averaging 20 m height, with microphyll foliage. Emergent trees are generally absent except for occasional eucalypts. There is a layer of tree ferns and mesophyllous shrubs (averaging 3.7 m) and the ground layer is dominated by ferns and forbs. Commonly occurring tree species include Hedycarya angustifolia (native mulberry), Syzygium smithii (lilly pilly), Doryphora sassafras (sassafras) and Synoum glandulosum (scentless rosewood). At higher elevations, other common species include Elaeocarpus holopetalus (black olive berry) and Atherosperma moschatum (southern sassafras).\n\nCommonly occurring ground layer plants include forbs, such as Australina pusilla (small shade nettle) and Urtica incisa (stinging nettle), and a diverse array of ferns, some of which cover rocks and tree trunks or branches. The fern assemblage occurring in this ecological community is specialised to cool moist conditions. In particular, there is a high diversity of epiphytic and lithophytic ferns as well as tree ferns and ground ferns. Commonly occurring tree ferns and shrubs in the understorey include Dicksonia antarctica (soft tree fern), Cyathea australis (rough tree fern), Coprosma quadrifida (prickly current bush) and Olearia argophylla (musk daisy-bush). Pepperbushes Tasmannia lanceolata and T. insipida are also common shrubs.\n\nVines also characteristically occur in the understorey, most commonly Fieldia australis (fieldia), Smilax australis (lawyer vine), Pandorea pandorana (wonga wonga vine), Parsonsia brownii (mountain silkpod), Marsdenia rostrata (milk vine) and Clematis aristata (old man’s beard), and these species may occasionally reach the tree canopy.\n\nThe ecological community includes a variety of fauna species, including several species that are listed as threatened at a national or state level.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument expands the EPBC Act lists by adding the named pinkwood cool temperate rainforest community to the category “ECOLOGICAL COMMUNITIES THAT ARE ENDANGERED.” It is made under s184 and amends the Declaration referred to in the Schedule header (ss178, 181 and 183), thereby changing the content and scope of the statutory lists of protected ecological communities."},"complexity_factors":["Narrow, single-purpose amendment: inserts one ecological community into the endangered list (straightforward change to the Declaration).","Legal authority explicitly stated: instrument made under s184 of the EPBC Act (clear delegated power).","Technical ecological description: uses species lists, bioregions, elevation ranges and substrate types that require ecological expertise to interpret.","Geographic imprecision: description gives general bioregions and typical patch sizes but no precise mapped boundaries, which may create interpretive questions for administrators and landholders.","Immediate commencement: starts the day after registration, reducing lead time for affected parties to adjust.","Cross-reference to list provisions: Schedule header references ss178, 181 and 183 of the Act, indicating amendment of multiple list instruments (administrative linkage risk)."],"plain_english_summary":"This instrument adds “Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria” to the Environment Protection and Biodiversity Conservation Act list of endangered ecological communities. Made by the Minister under section 184 and commencing the day after registration, it changes which native ecosystems are formally listed and therefore subject to the Act’s listing regime. It affects land managers, planners and agencies involved in activities or approvals on the listed communities."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 184 of the EPBC Act 1999: adding a specific ecological community to the threatened list based on scientific assessment. The scope remains tightly focused on the single listing action."},"complexity_factors":["Very short instrument (approximately 2 pages of substantive content)","Only 4 formal sections (Name, Commencement, Authority, Schedules)","Single amendment: inserting one ecological community into an existing list","No defined terms section — relies on definitions in the parent EPBC Act 1999","No cross-references to other legislation beyond the enabling section 184 and the amended instrument","Descriptive content in Schedule 2 is scientific/botanical description rather than legal complexity","No conditional logic, exceptions, or nested provisions"],"plain_english_summary":"This ministerial instrument adds the \"Pinkwood cool temperate rainforests of south east New South Wales and far east Victoria\" to the national list of endangered ecological communities under the EPBC Act. \n\nThat listing brings federal legal protection, triggers recovery planning and potential funding, and affects landowners, developers, conservation groups and managers by requiring assessment of actions that could significantly impact these patchily distributed, pinkwood-dominated rainforests and their dependent species."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/f2026l00287","history":"/api/acts/f2026l00287/history","analysis":"/api/acts/f2026l00287/analysis","conflicts":"/api/acts/f2026l00287/conflicts","importantCases":"/api/acts/f2026l00287/important-cases","documents":"/api/acts/f2026l00287/documents"}}