{"id":"F2021L01597","name":"List of Threatened Ecological Communities Amendment (EC170) Instrument 2021","slug":"list-of-threatened-ecological-communities-amendment-ec170-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102174,"registerId":"commonwealth-F2021L01597-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"List of Threatened Ecological Communities Amendment (EC170) Instrument 2021","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nCommonwealth of Australia\n\nList of Threatened Ecological Communities Amendment (EC170) Instrument 2021\n\nI, SUSSAN LEY, Minister for the Environment, pursuant to paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999, amend the list referred to in section 181 of that Act by including in the list of threatened ecological communities in the endangered category:\n\nLowland tropical rainforest of the Wet Tropics\n\nas described in the Schedule to this instrument.\n\nThis instrument commences the day after registration.\n\nSussan Ley\n\n...................................................................................\n\nSussan Ley\n\nMinister for the Environment\n\nDated .....10/11/21.....................................................\n\n  \nSCHEDULE 1\n\nLowland tropical rainforest of the Wet Tropics\n\nThe Lowland tropical rainforest of the Wet Tropics ecological community is the assemblage of plants, animals and other organisms (i.e. all biota) that comprise a type of lowland tropical rainforest that is found in the Wet Tropics region of north Queensland. It is usually a structurally complex, evergreen tall forest with a relatively high species diversity, and a predominance of mesophyll and notophyll tree species. Vines and lianas, epiphytes and herbaceous ground layer plant species are relatively common. The ecological community also includes lowland structurally simple mesophyll vine forests such as those with a prominent layer of Archontophoenix alexandrae (Alexandra Palm, sometimes known as Feather Palm) and/or Licuala ramsayi var. ramsayi (Fan Palm), typically occurring on poorly drained alluvial plains. Structure and composition of the ecological community may be altered due to natural (e.g. cyclone) or human disturbance.\n\nThe ecological community is restricted to the Wet Tropics Bioregion and the Starke Coastal Lowlands subregion in the Cape York Peninsula Bioregion. The ecological community occurs mostly below 80 – 100 m above sea level (asl), with the main area of former distribution being predominantly between 0 – 40 m asl. However, it can also be found up to approximately 300 – 350 m asl where substrate and other conditions are suitable, for example on fertile basaltic lava flows in the East Palmerston and Mena Creek areas west of Innisfail. The ecological community occurs principally on fertile soils, which may be derived from alluvium, basalt, metamorphic and granitic substrates.\n\nGenerally the canopy of the ecological community comprises a diverse range of tree species, including Aleurites moluccanus, Alstonia muelleriana, A. scholaris, Archontophoenix alexandrae, Cananga odorata, Cardwellia sublimis, Castanospermum australe, Dysoxylum pettigrewianum, Elaeocarpus grandis, Ficus variegata var. variegata, Licuala ramsayi var. ramsayi, Melicope elleryana, Myristica globosa subsp. muelleri, Nauclea orientalis and Syzygium tierneyanum.\n\nThe subcanopy and shrub strata are diverse, and contain a mix of suppressed canopy species and species that thrive in the low light conditions below the canopy. Species include Ardisia brevipedata, Atractocarpus fitzalanii, Barringtonia racemosa, Brombya platynema, Cryptocarya hypospodia, C. laevigata, Guioa acutifolia, Helicia nortoniana, Macaranga polyadenia, Myristica globosa subsp. muelleri, Polyscias australiana, Rhodamnia sessiliflora, Sarcopteryx martyana and Symplocos puberula. Vines are a prominent structural component and are extremely diverse, with the families Vitaceae, Menispermaceae and Apocynaceae most prominent.\n\nThe ground layer is typically very sparse, and includes species such as Bowenia spectabilis, Benstonea monticola and juvenile phase Calamus spp. Ferns such as Blechnum spp., Diplazium spp., Selaginella longipinna and Tectaria spp. occur frequently, with fleshy herbs such as Alocasia brisbanensis, Alpinia arctiflora, A. modesta, Hornstedtia scottiana and Pleuranthodium racemigerum occurring frequently.\n\nThe ecological community includes a variety of fauna species, including many species that are listed as threatened at a national or state level.","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the EPBC Act — adding a specific ecological community to the threatened list based on scientific assessment. The scope remains tightly constrained to the single rainforest community described."},"complexity_factors":["Single, discrete amendment adding one ecological community to an existing list","No defined terms section — relies on descriptive ecological criteria in the Schedule","No cross-references to other legislation beyond the enabling provision (paragraph 184(a) of the EPBC Act)","Straightforward conditional logic: if an area matches the ecological description in Schedule 1, it is protected","Length: approximately 500 words of substantive content","No exceptions, exemptions, or nested conditions"],"plain_english_summary":"The instrument lists the Lowland tropical rainforest of the Wet Tropics as an endangered ecological community under national law. That recognition means this rare, declining rainforest and its plants and animals now receive stronger legal protection.\n\nThe change affects landowners, developers, farmers and state/local governments in north Queensland — projects likely to significantly impact the community may need federal approval, forcing decision‑makers to weigh conservation value alongside development."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument alters the scope of the Commonwealth's list of threatened ecological communities by adding the Lowland tropical rainforest of the Wet Tropics to the endangered category (it amends the list referred to in section 181, under paragraph 184(a) of the EPBC Act). No other changes to the list or to other provisions are made in this instrument."},"complexity_factors":["Single, focused amendment: adds one ecological community to the list (low complexity of change).","Legal hook: made under paragraph 184(a) and amends the list referred to in section 181 of the EPBC Act (requires checking statutory framework to understand downstream effects).","Technical ecological description in the Schedule: extensive species lists, soil/substrate, altitude and bioregional detail that may require ecological expertise to map precisely on the ground.","Commencement clause: instrument commences the day after registration (straightforward timing but relevant to implementation).","Potential boundary/definition ambiguity: altitudinal ranges and substrate suitability mean on‑the‑ground delimitation may need expert interpretation."],"plain_english_summary":"**What this does:** Adds the 'Lowland tropical rainforest of the Wet Tropics' to the Commonwealth list of threatened ecological communities in the endangered category under the Environment Protection and Biodiversity Conservation Act. The Minister made the listing under paragraph 184(a) and the instrument starts the day after registration.\n\n**Who/where it affects:** The listed community is the plants, animals and other biota of lowland tropical rainforest in the Wet Tropics Bioregion and the Starke Coastal Lowlands (mostly 0–100 m above sea level, up to ~350 m in some places)."}},"importantCases":[],"_links":{"self":"/api/acts/list-of-threatened-ecological-communities-amendment-ec170-instrument-2021","history":"/api/acts/list-of-threatened-ecological-communities-amendment-ec170-instrument-2021/history","analysis":"/api/acts/list-of-threatened-ecological-communities-amendment-ec170-instrument-2021/analysis","conflicts":"/api/acts/list-of-threatened-ecological-communities-amendment-ec170-instrument-2021/conflicts","importantCases":"/api/acts/list-of-threatened-ecological-communities-amendment-ec170-instrument-2021/important-cases","documents":"/api/acts/list-of-threatened-ecological-communities-amendment-ec170-instrument-2021/documents"}}