{"id":"F2023L01207","name":"List of Threatened Ecological Communities Amendment (EC174) Instrument 2023","slug":"list-of-threatened-ecological-communities-amendment-ec174-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104779,"registerId":"commonwealth-F2023L01207-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 (EC174) Instrument 2023","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nCommonwealth of Australia\n\nList of Threatened Ecological Communities Amendment (EC174) Instrument 2023\n\nI, TANYA PLIBERSEK, Minister for the Environment and Water, 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\nEmpodisma peatlands of southwestern Australia\n\nas described in the Schedule to this instrument.\n\nThis instrument commences the day after registration.\n\nTanya Plibersek\n\n...................................................................................\n\nTanya Plibersek\n\nMinister for the Environment and Water\n\nDated ............27·8·23.................................\n\n  \nSCHEDULE 1\n\nEmpodisma peatlands of southwestern Australia\n\nThe Empodisma peatlands of southwestern Australia is the assemblage of native plants, animals and other organisms that comprise a type of seasonally waterlogged freshwater, peat-based wetland. The ecological community predominantly occurs in the Warren Bioregion and the Southern Jarrah Forest subregion of the Jarrah Forest Bioregion. Some occurrences may also occur in high rainfall areas of the Fitzgerald, Northern Jarrah Forest and Perth subregions where climatic, stratigraphic and topographic conditions are suitable for Empodisma peatlands to form.\n\nThe structure of the ecological community is typically a sedgeland to shrubland vegetation complex on peaty substrates.\n\nThe undisturbed ground layer of the ecological community is often dense and typically comprises a suite of native wetland graminoid and forb species. The ground layer is almost always characterised by the perennial restiad grass-like twig rush Empodisma gracillimum (tanglefoot). Co-dominant or otherwise often occurring Cyperaceae and Restionaceae species include: Gahnia decomposita, Gymnoschoenus anceps, Lepidosperma striatum, Leptocarpus tenax (slender twine rush), Machaerina rubiginosa (soft twig-rush), Schoenus multiglumis, Sporadanthus rivularis and Reedia spathacea (reedia).\n\nSmall trees/woody shrubs within the Empodisma peatlands vary from dense to sparse and may include Acacia hastulata, Acidonia macrocarpa, Aotus intermedia, Boronia stricta, Callistemon glaucus (Albany bottlebrush), Cosmelia rubra (spindle heath), Dampiera leptoclada (slender-shooted dampiera), Homalospermum firmum, Sphaerolobium fornicatum, Taxandria fragrans, T. linearifolia and Tetratheca filiformis.\n\nTrees vary from sparse to absent within the ecological community but may include Eucalyptus megacarpa (blue gum of Western Australia, Bullich), Melaleuca preissiana (moonah, modong) and Taxandria juniperina (watti, native cedar) as emergents or on the edge of the ecological community.\n\nThe ecological community includes a diverse range of fauna species.","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's listing mechanism - adding a specific ecological community to the threatened list based on scientific assessment. The descriptive Schedule provides necessary ecological detail to identify the community but does not expand the legal scope beyond the standard listing function."},"complexity_factors":["Single operative provision: one amendment adding one ecological community to one list","No defined terms section - relies on external definitions in the parent Act (EPBC Act 1999)","No cross-references beyond basic statutory citation (paragraph 184(a) and section 181)","Schedule contains descriptive ecological information rather than legal conditions or operative provisions","No exceptions, exemptions, or conditional logic","Straightforward commencement clause (day after registration)"],"plain_english_summary":"This ministerial decision adds \"Empodisma peatlands of southwestern Australia\" to the national list of threatened ecological communities as endangered, formally recognising these peat-based, seasonally waterlogged wetlands as at risk of extinction.\n\nIt affects land managers, developers and government agencies in southwest WA (who must now consider federal approvals for significant impacts) and strengthens protections for conservation groups, reflecting the peatlands' biodiversity value and threats from drainage, fire and climate change."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument expands the list in section 181 by including the Empodisma peatlands of southwestern Australia in the endangered category. The Schedule defines the community’s typical structure and the bioregions/subregions where it occurs, which narrows the practical geographic scope of the new listing."},"complexity_factors":["Legal cross-references to the EPBC Act (instrument made by Minister under paragraph 184(a) and amends the list referred to in section 181) create formal statutory effect but use a single, narrow power.","Technical ecological description in the Schedule relies on bioregional terms (Warren Bioregion, Southern Jarrah Forest, Fitzgerald, Northern Jarrah Forest, Perth subregions) requiring specialist field identification.","Spatial scope contains conditional language ('some occurrences may also occur') producing potential implementation/identification ambiguity for regulators and landholders.","Commencement timing is immediate (the day after registration), reducing lead time for affected parties.","Substantive content is limited (single community added), keeping the instrument administratively simple despite technical ecological detail."],"plain_english_summary":"This instrument adds “Empodisma peatlands of southwestern Australia” to the Environment Protection and Biodiversity Conservation Act 1999 list of threatened ecological communities in the endangered category, amending the list in section 181. It applies to occurrences of that peatland community in the Warren Bioregion, the Southern Jarrah Forest subregion and certain high‑rainfall subregions described in the Schedule, and commences the day after registration."}},"importantCases":[],"_links":{"self":"/api/acts/list-of-threatened-ecological-communities-amendment-ec174-instrument-2023","history":"/api/acts/list-of-threatened-ecological-communities-amendment-ec174-instrument-2023/history","analysis":"/api/acts/list-of-threatened-ecological-communities-amendment-ec174-instrument-2023/analysis","conflicts":"/api/acts/list-of-threatened-ecological-communities-amendment-ec174-instrument-2023/conflicts","importantCases":"/api/acts/list-of-threatened-ecological-communities-amendment-ec174-instrument-2023/important-cases","documents":"/api/acts/list-of-threatened-ecological-communities-amendment-ec174-instrument-2023/documents"}}