{"id":"F2026L00288","name":"Environment Protection and Biodiversity Conservation Amendment (List of Threatened Ecological Communities (EC185)) Instrument 2026","slug":"f2026l00288","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443210,"registerId":"F2026L00288-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 (EC185)) 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 (EC185)) 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 (EC185)) 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Act 1999.\n\n4  Schedules\n\n  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in Schedule 1 to this instrument has effect according to its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) Alpine Ash forests of mainland Australia\n\nSchedule 2— Description of ecological community\n\nAlpine Ash forests of mainland Australia\n\n \n\nThe ecological community is the assemblage of plants, animals and other organisms associated with and dependent upon, the tall, open forests dominated or co-dominated by Eucalyptus delegatensis subsp. delegatensis (alpine ash).\n\nThe ecological community occurs from the Brindabella Ranges south-west of Canberra in the ACT, through the Snowy Mountains in NSW and Victorian Alps in Victoria to the Yarra Ranges, with outlying occurrences in the Mt Macedon area. It mostly occurs at 900 m to 1450 m elevation and typically on slopes.\n\nAlpine Ash forests in their mature state have a multi-layered structure, with the eucalypt overstorey comprising 25 to 50 m tall trees dominated or co-dominated (more than 30% of the total number of stems or total tree canopy cover) by Eucalyptus delegatensis subsp. delegatensis (alpine ash). Commonly co-occurring tree canopy species can include Eucalyptus dalrympleana (mountain gum), E. denticulata, (shining gum), E. nitens (shining gum), E. obliqua (messmate), E. pauciflora (snow gum), E. radiata (narrow-leaved peppermint), E. regnans (mountain ash) and E. rubida (candlebark or ribbon gum). At lower elevations typical co-occurring eucalypts can include E. dives (broad-leaf peppermint), E. fastigata (brown barrel), E. robertsonii (Robertson’s peppermint), E. stellulata (black sallee) and E. viminalis (ribbon gum).\n\nMidstorey species comprise a mixture of hard-leaved (sclerophyllous) and soft-leaved (mesophyllous) shrubs, which will vary depending on hydrological inputs and site conditions. The density and height of midstorey species will vary due to fire history, site conditions and species composition. In wetter sites, rainforest species such as Nothofagus cunninghamii (myrtle beech) may occur.\n\nThe ground layer can vary from grassy to shrubby depending on the site condition and fire history. Typically it has an open grassy herb-rich ground layer interspersed with leaf litter, small shrubs, tussock grasses, lilies and other herbs. A cover of bryophytes and lichens may be present. Wetter sites may contain sedges and fern species such as Pittosporum bicolor (banyalla), Blechnum wattsii (hard water-fern), Dicksonia antarctica (soft tree-fern), Polystichum proliferum (mother shield fern) and Pteridium esculentum (austral bracken). Herbaceous vines may occur.\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\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function intended by section 184 of the EPBC Act: adding a specific ecological community to the threatened list. There is no scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Very short instrument (4 sections plus 2 schedules)","Single, straightforward amendment: inserting one ecological community into an existing list","No defined terms section — relies on external definitions in the parent Act","No conditional logic, exceptions, or cross-referencing beyond the basic authority provision (section 184)","Descriptive content in Schedule 2 is scientific but not legally complex — essentially a biological description rather than operative legal text"],"plain_english_summary":"This law lists mainland Alpine Ash forests (Eucalyptus delegatensis subsp. delegatensis) as an endangered ecological community under the federal Environment Protection and Biodiversity Conservation Act. That means land managers, state governments, developers and anyone proposing activities in the ACT, NSW and Victorian Alps face stricter federal assessment and must obtain approval for actions likely to significantly impact the community. The listing — with a defined description of the community — clarifies what habitats and species are legally protected."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expands the EPBC Act’s scope of protected ecological communities by inserting ‘Alpine Ash forests of mainland Australia’ into the category “ECOLOGICAL COMMUNITIES THAT ARE ENDANGERED” (Schedule 1) and supplying a descriptive definition (Schedule 2). Mechanically, it brings the specified forest types across the listed geographic and elevational range within the Act’s threatened-community protections (declarations referenced to ss178, 181, 183) and thus changes which land and activities are subject to federal approval and compliance obligations."},"complexity_factors":["Narrow legislative change: single insertion into the EPBC Act threatened-communities list (Schedule 1), so drafting and legal amendment work is limited.","Statutory authority and triggers: made by the Minister under s184 and references declarations under ss178, 181 and 183 (instrument operates through existing EPBC regulatory architecture).","Scientific definition complexity: the Schedule 2 description uses species composition, co-dominance thresholds (>30% stems or canopy), elevation bands (900–1450 m), and variable midstorey/ground-layer conditions—implementation requires ecological surveying and expert judgment to identify community extent.","Implementation burden on stakeholders: landholders, developers and agencies must determine whether particular areas meet the descriptive criteria, affecting approvals and potential offset or mitigation obligations.","Geographic and jurisdictional spread: the community spans ACT, NSW and Victoria (including outliers), requiring cross-jurisdictional coordination for mapping, enforcement and management.","Uncertainty from variable site conditions: fire history, hydrology and species mixtures mean boundaries are not purely taxonomic and may be disputed, increasing administrative and evidentiary costs.","Ministerial discretion: the instrument is a ministerial declaration rather than primary legislation, concentrating initial listing decision with the Minister under s184."],"plain_english_summary":"This instrument adds “Alpine Ash forests of mainland Australia” to the Environment Protection and Biodiversity Conservation Act list of endangered ecological communities. It covers tall, multi-layered forests dominated by Eucalyptus delegatensis across the ACT, New South Wales and Victoria (mostly 900–1450 m elevation) and takes effect the day after registration. The listing brings those forests under federal threatened‑community protections, creating approval, compliance and conservation obligations for landholders, developers, resource users and government agencies."}},"importantCases":[],"_links":{"self":"/api/acts/f2026l00288","history":"/api/acts/f2026l00288/history","analysis":"/api/acts/f2026l00288/analysis","conflicts":"/api/acts/f2026l00288/conflicts","importantCases":"/api/acts/f2026l00288/important-cases","documents":"/api/acts/f2026l00288/documents"}}