{"id":"F2021L01729","name":"List of Threatened Ecological Communities Amendment (EC171) Instrument 2021","slug":"list-of-threatened-ecological-communities-amendment-ec171-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102210,"registerId":"commonwealth-F2021L01729-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 (EC171) Instrument 2021","content":"![](image.001.png)\n\nCommonwealth of Australia\n\nList of Threatened Ecological Communities Amendment (EC171) 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\nCoastal Swamp Sclerophyll Forest of New South Wales and South East Queensland\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 ....22 November 2021.......................................\n\n  \nSCHEDULE 1\n\nCoastal Swamp Sclerophyll Forest of New South Wales and South East Queensland\n\nThe Coastal Swamp Sclerophyll Forest of New South Wales and South East Queensland ecological community includes the plants, animals and other organisms associated with a type of forested wetland found on the south-east coast of Australia. It lies between the Great Dividing Range and coast, including islands within 20km of the coast, from near Gladstone, Queensland, to the south coast of New South Wales. The ecological community occurs within the South East Queensland (SEQ), NSW North Coast (NNC), Sydney Basin (SYB) and South East Corner (SEC) bioregions.\n\nThe ecological community typically occupies low-lying coastal areas, most commonly below 20m above sea level (ASL) but may occur up to 220m ASL, for example on hill slopes with perched swamps or a naturally high-water table.\n\nThe vegetation structure varies from closed forest to woodland or shrubland and has a minimum crown cover of 10 percent.\n\nIntact patches of Coastal Swamp Sclerophyll Forest have a canopy and/or sub-canopy dominated by Melaleuca spp. and/or Eucalyptus robusta (Swamp Mahogany).\n\n    In the northern part of its range (SYB bioregion to Queensland), the canopy is typically dominated or co-dominated by Melaleuca quinquenervia (Broad-leaved Paperbark) and/or Eucalyptus robusta (Swamp Mahogany). In the southern part of its range (SYB to the south coast of NSW) the canopy is typically dominated or co-dominated by Swamp Mahogany and/or Melaleuca ericifolia (Swamp Paperbark).\n    In some areas, the canopy may be locally dominated by other melaleuca species including: M. dealbata (SEQ bioregion) (rarely); M. biconvexa (mid-NSW coast to south of Sydney); M. decora (north of Shoalhaven).\n    Other tree species may occur in the canopy (or sub-canopy) in some areas, but they are not dominant across a patch, including Casuarina glauca, Banksia spp., Callistemon salignus, Corymbia intermedia (Pink Bloodwood), E. tereticornis (Forest Red Gum/Queensland Blue Gum), E. longifolia (Woollybutt), E. botryoides (Southern Mahogany/Bangalay), E. ovata (Swamp Gum), Livistona australis and/or Lophostemon spp. Some of these species are more prominent in sites adjacent to other forest types, such as rainforests and eucalypt forests.\n\n    The understorey typically includes a variable ground layer, depending on the canopy cover and inundation rate/period. Tall sedges (typically Gahnia spp.) and/or ferns often dominate the ground layer, mixed with graminoids and other herbs, especially Imperata cylindrica (Blady Grass).\n\n    Vines that climb into the crowns of canopy trees may be present, including Parsonsia straminea (Common silk-pod), Gynochthodes jasminoides (Climbing Scrub-orange) and Stephania japonica var. discolour (Snake-vine). Epiphytic plants, such as Cymbidium suave (Snake Orchid), can also be found on the branches of larger trees. Twining and scrambler plants present along the ground include Glycine clandestina (Twining Glycine) and G. tabacina (Glycine Pea, Variable Glycine).\n    The ecological community may include more specialist plant species at certain sites. For example: species tolerant of salinity, such as Twig-rushes, may be more common in areas close to estuaries or where groundwater is influenced by brackish flows. While they can occur regularly in the ground layer, the ecological community is not present if halophytic species, more typically associated with estuarine/saltmarsh areas, dominate the ground layer of a patch, for example, Appium prostratum, Atriplex cineria, Chenopodium glaucum, Rhagodia candolleaus and Samolus repens.\n    Wetland specialist plants, such as Cycnogeton procerum (Water Ribbons) are present at sites that are more often inundated.\n    Cryptogams such as mosses, lichens and liverworts occur where light levels are low, while Sphagnum moss may be regularly present in waterlogged areas.\n\nThis ecological community includes a variety of fauna species, including many that are listed individually as threatened or migratory species.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument changes the statutory scope by adding Coastal Swamp Sclerophyll Forest (as described in the Schedule) to the list of endangered ecological communities, thereby extending Commonwealth coverage and triggering EPBC Act assessment/approval requirements for actions that may significantly impact those areas. The listing is effected by the Minister under paragraph 184(a) and takes effect the day after registration."},"complexity_factors":["Single, narrow legal change: amends the list in section 181 by adding one ecological community (clear instrument purpose).","Ministerial exercise of statutory power under paragraph 184(a) of the EPBC Act (direct executive amendment, limited legislative drafting).","Technical ecological description in the Schedule requires specialist ecological expertise to identify affected areas (species composition, bioregions, elevation, canopy cover).","Immediate commencement (day after registration) creates short lead time for stakeholders to respond.","Practical regulatory consequences depend on application of existing EPBC Act decision-making and approval processes rather than new procedural rules, so complexity shifts to case-by-case assessments."],"plain_english_summary":"This instrument adds the “Coastal Swamp Sclerophyll Forest of New South Wales and South East Queensland” to the Commonwealth list of endangered ecological communities under the Environment Protection and Biodiversity Conservation Act 1999, commencing the day after registration. By listing this community, areas that match the technical description in the Schedule become subject to federal assessment and approval requirements for actions that may significantly impact them, affecting landowners, developers and regulators; the Minister made the listing under paragraph 184(a)."},"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":"This instrument performs exactly the function intended by the EPBC Act: listing a specific ecological community as threatened. The detailed botanical description in the Schedule, while lengthy, serves the statutory purpose of defining the boundaries of what is being protected. There is no scope creep beyond the original legislative intent."},"complexity_factors":["Single, straightforward operative provision: adds one ecological community to one category (endangered)","No defined terms section — all terminology is descriptive rather than legal","No cross-references to other legislation beyond the basic enabling provision (EPBC Act sections 181 and 184)","No conditional logic, exceptions, or procedural requirements","Schedule contains purely scientific/ecological description rather than legal rules","Instrument is 2 pages with minimal structural complexity"],"plain_english_summary":"The Coastal Swamp Sclerophyll Forest of New South Wales and South East Queensland is newly listed as an endangered ecological community. That federal listing means stronger legal protection and recovery funding for low‑lying coastal swamps and their plants and animals, and it can make projects with significant impacts subject to federal approval. It directly affects landowners, developers, local and state planners, and conservation groups working in the Gladstone–NSW south coast region."}},"importantCases":[],"_links":{"self":"/api/acts/list-of-threatened-ecological-communities-amendment-ec171-instrument-2021","history":"/api/acts/list-of-threatened-ecological-communities-amendment-ec171-instrument-2021/history","analysis":"/api/acts/list-of-threatened-ecological-communities-amendment-ec171-instrument-2021/analysis","conflicts":"/api/acts/list-of-threatened-ecological-communities-amendment-ec171-instrument-2021/conflicts","importantCases":"/api/acts/list-of-threatened-ecological-communities-amendment-ec171-instrument-2021/important-cases","documents":"/api/acts/list-of-threatened-ecological-communities-amendment-ec171-instrument-2021/documents"}}