{"id":"F2022L01314","name":"List of Threatened Ecological Communities Amendment (EC176) Instrument 2022","slug":"list-of-threatened-ecological-communities-amendment-ec176-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102716,"registerId":"commonwealth-F2022L01314-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 (EC176) Instrument 2022","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nCommonwealth of Australia\n\nList of Threatened Ecological Communities Amendment (EC176) Instrument 2022\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 critically endangered category:\n\nBen Halls Gap Sphagnum Moss Cool Temperate Rainforest\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 .........26-9-22....................................................\n\n  \nSCHEDULE 1\n\nBen Halls Gap Sphagnum Moss Cool Temperate Rainforest\n\nThe Ben Halls Gap Sphagnum Moss Cool Temperate Rainforest is an assemblage of native plants, animals and other organisms associated with a type of cool temperate rainforest, typically with a low dense tree canopy and usually associated with sheltered creek lines. The ecological community occurs in New South Wales within the New England Tablelands bioregion (Walcha Plateau subregion) and NSW North Coast bioregion (Tomalla subregion). Known occurrences at the time of listing are mainly in or close to Ben Halls Gap Nature Reserve.\n\nThis rainforest is characterised by (typically contains or is in close proximity to) areas with a ground layer of the sphagnum moss Sphagnum cristatum, where conditions are suitable for development of a shallow but distinctive peat layer. The ground layer also typically includes a mixture of hydrophilic ferns, forbs and sedges.\n\nThe ecological community at maturity is multi-layered, occurring with or without tall emergent trees. There is typically a low and dense rainforest canopy, often forming a midstorey (or subcanopy) approximately four metres tall, comprising various species across the extent of the community. An understorey of shrubs, ferns and graminoids is also variable, often with extensive leaf litter. Where conditions are suitable for the formation of a shallow peat layer, Sphagnum cristatum is distinctive in the ground layer.\n\nCharacteristic species in the canopy and/or midstorey (or subcanopy) include Atherosperma moschatum (black sassafras), Banksia integrifolia subsp. monticola, Callistemon pallidus (lemon bottlebrush), Elaeocarpus holopetalus (black olive berry), Leptospermum polygalifolium subsp. montanum (common teatree) and Quintinia sieberi (rough possumwood). Tall ferns include Dicksonia antarctica (soft tree-fern) and Todea barbara (king fern).\n\nOther trees may or may not be present in association with the above species, typically as a tall emergent canopy layer, including Eucalyptus dalrympleana subsp. dalrympleana (mountain gum), E. laevopinea (silver-top stringybark), E. nobilis (ribbon gum), E. obliqua (messmate), E. pauciflora (snow gum), E. stellulata (black sallee), E. viminalis (ribbon gum) and Acacia melanoxylon (blackwood).\n\nUnderstorey and ground layer species include Blechnum nudum, Bursaria spinosa subsp. spinosa, Corybas sp. aff. longitubus, Deyeuxia gunniana, Isolepis habra, I. subtilissima, Juncus alexandri, J. laeviusculus subsp. laeviusculus, Zealandia pustulata subsp. pustulata (syn. Microsorum pustulatum subsp. pustulatum; kangaroo fern) and Pterostylis spp. and these layers can be dominated by large hummocks of Sphagnum cristatum, where conditions are suitable.\n\nThe ecological community includes a variety of fauna species, including several species that are listed as threatened at a national or state level.","sortOrder":0}],"analysis":{"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":4,"scope_assessment":{"changed":true,"description":"The instrument expands the statutory scope of protected ecological communities under section 181 by adding the named rainforest to the critically endangered category (instrument preamble and Schedule). That change brings occurrences of this community within the EPBC Act's threatened-community provisions, creating new compliance obligations for persons whose actions affect the listed community and requiring spatial identification and monitoring to implement protections."},"complexity_factors":["Legal amendment mechanism: uses paragraph 184(a) to change the list referred to in section 181 of the EPBC Act (instrument text).","Precise ecological description: relies on specialist botanical and bryological identification (Sphagnum cristatum, peat formation, species assemblage) in the Schedule.","Geographic specificity: limited to New South Wales bioregions and subregions (Walcha Plateau; Tomalla), requiring spatial mapping to determine coverage.","Regulatory implications: listing brings occurrences within the Act's threatened-community framework, affecting approvals and obligations for actions that may impact the community.","Compliance burden on landholders and proponents: identifying presence/absence and obtaining permits or conducting assessments will require surveys and potentially expert reports.","Implementation uncertainty: statement that known occurrences are \"mainly in or close to Ben Halls Gap Nature Reserve\" implies limited distribution and need for monitoring to detect other patches.","Intergovernmental overlap: community occurs within NSW; coordination with state land-management and reserve arrangements will be necessary.","Enforcement and monitoring resource needs: effective protection depends on mapping, monitoring and enforcement capacity not specified in the instrument."],"plain_english_summary":"This instrument adds the \"Ben Halls Gap Sphagnum Moss Cool Temperate Rainforest\" to the Commonwealth list of threatened ecological communities as \"critically endangered\" under the Environment Protection and Biodiversity Conservation Act 1999. It applies to occurrences in New South Wales (Walcha Plateau and Tomalla subregions), mainly in or near Ben Halls Gap Nature Reserve, and thereby brings that community within the Act's threatened-community regulatory framework."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function intended by the enabling legislation: adding a specific ecological community to the threatened list. The detailed ecological description in the Schedule is standard practice for this type of instrument and does not represent scope creep."},"complexity_factors":["Single operative provision: only one ecological community being added to the list","No defined terms section — all terminology is descriptive rather than legally defined within the instrument","No cross-references to other legislation beyond the basic enabling power (EPBC Act section 184(a))","Straightforward conditional logic: single trigger (Minister makes determination) leading to single outcome (inclusion in list)","Descriptive Schedule provides ecological detail but does not create legal conditions or exceptions","No amendments to existing provisions — purely additive instrument"],"plain_english_summary":"Adds the \"Ben Halls Gap Sphagnum Moss Cool Temperate Rainforest\" to Australia’s national list of threatened ecological communities as critically endangered. \n\nThat designation brings the strongest federal legal protections: actions likely to significantly impact this rare, peat-forming sphagnum rainforest around Ben Halls Gap Nature Reserve (New England Tablelands/North Coast, NSW) will need federal approval and to show they won’t cause irreversible harm, recognising its immediate risk of disappearance and importance for threatened species."}},"importantCases":[],"_links":{"self":"/api/acts/list-of-threatened-ecological-communities-amendment-ec176-instrument-2022","history":"/api/acts/list-of-threatened-ecological-communities-amendment-ec176-instrument-2022/history","analysis":"/api/acts/list-of-threatened-ecological-communities-amendment-ec176-instrument-2022/analysis","conflicts":"/api/acts/list-of-threatened-ecological-communities-amendment-ec176-instrument-2022/conflicts","importantCases":"/api/acts/list-of-threatened-ecological-communities-amendment-ec176-instrument-2022/important-cases","documents":"/api/acts/list-of-threatened-ecological-communities-amendment-ec176-instrument-2022/documents"}}