{"id":"F2021L01728","name":"List of Threatened Ecological Communities Amendment (EC2) Instrument 2021","slug":"list-of-threatened-ecological-communities-amendment-ec2-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102209,"registerId":"commonwealth-F2021L01728-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 (EC2) Instrument 2021","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nCommonwealth of Australia\n\nList of Threatened Ecological Communities Amendment (EC2) Instrument 2021\n\nI, SUSSAN LEY, Minister for the Environment, pursuant to paragraph 184(c) of the Environment Protection and Biodiversity Conservation Act 1999, amend the list referred to in section 181 of that Act by transferring the following item in the list of threatened ecological communities from the endangered category to the critically endangered category:\n\nEastern Suburbs Banksia Scrub of the Sydney Region\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 ....22nd November 2021...................................\n\n  \nSCHEDULE 1\n\nEastern Suburbs Banksia Scrub of the Sydney Region\n\nThe Eastern Suburbs Banksia Scrub of the Sydney Region ecological community is the assemblage of plants, animals and other organisms (i.e. all biota) associated with a type of temperate heath and shrubland occurring in Sydney’s eastern and south-eastern suburbs, between the Hawkesbury River in the north and Stanwell Park at the southernmost extent of Royal National Park. It typically occurs on perched, low nutrient, highly podsolised sands associated with dunes and sand sheets of Quaternary age, overlying sandstone plateaux. It is now mainly restricted to elevated headlands and adjacent areas.\n\nThe vegetation structure of the ecological community is predominantly sclerophyllous heath or scrub, with either an open or closed canopy and containing a range of woody species from small to large shrubs. The ground layer of mostly sedges and forbs is typically open on freely draining sands and may be quite dense in damp depressions. Trees sometimes occur in the community as scattered emergents or localised stands, particularly eucalypts (Eucalyptus, Corymbia and Angophora species). They are typically low growing or wind-pruned. Vines and climbers are not prominent components of the ecological community, but do occur, particularly in limited wetter areas.\n\nThe range of species present varies, but the shrub layer frequently includes Banksia species such as Banksia aemula (Wallum Banksia) and Banksia serrata (Old Man Banksia, Saw-leafed Banksia, Wiryagan) as well as other characteristic woody species such as Monotoca elliptica (Tree Broom-heath), Acacia suaveolens (Sweet Wattle), Allocasuarina distyla (Scrub Sheoak), Isopogon anemonifolius (Broad-leaf Drumsticks), Kunzea ambigua (Tick Bush), Ricinocarpos pinifolius (Wedding Bush) and Leptospermum laevigatum (Coast Tea Tree). A wide range of other woody species may also be present, including Banksia ericifolia subsp. ericifolia (Heath-leafed Banksia), which may become locally abundant in damp sites and where soils transition from deep Quaternary sands to shallower yellow earths derived from sandstone. The ground layer also varies but frequently contains a range of sedges, graminoids and forbs. Depending on site topography and hydrology, some remnants contain small areas of eucalypt woodland, low forest or limited wetter areas.\n\nVariation in the structure and species composition of the community is related to variable site conditions including soil nutrient status and drainage, proximity to the ocean, soil and vegetation disturbance, and influence of neighbouring areas. The disturbance history (including soil disturbance and fire occurrence) at each site can profoundly influence the state of the ecological community in terms of structure, as well as species composition.\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":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument changes the threat-category scope for the Eastern Suburbs Banksia Scrub by moving it from the 'endangered' to the 'critically endangered' category on the statutory list. The Schedule’s ecological and geographic description remains the same; the amendment is limited to reclassification of the listing status under section 181 (implemented via paragraph 184(c))."},"complexity_factors":["Single, discrete legal action: a one-item transfer of listing category (procedurally straightforward under paragraph 184(c) of the EPBC Act).","Ministerial authority: amendment exercised by the Minister under paragraph 184(c), evidencing centralised administrative discretion.","Technical ecological description in the Schedule: detailed botanical and habitat terms (species lists, soil types, structural variability) that can make on‑ground identification and boundary determination interpretively complex.","Geographic specificity spanning multiple localities (Hawkesbury River to Stanwell Park): potential complexity in mapping which remnants qualify.","Immediate commencement (day after registration) creates a short operational lead time for administrators and stakeholders.","No accompanying procedural guidance or implementation detail in the instrument itself, requiring users to consult the EPBC Act and agency practice for consequences and assessments."],"plain_english_summary":"This instrument changes the legal listing of the \"Eastern Suburbs Banksia Scrub of the Sydney Region\" from \"endangered\" to \"critically endangered\" under the Environment Protection and Biodiversity Conservation Act 1999. It applies to the coastal sand‑heath ecological community described in the Schedule, occurring in Sydney’s eastern and south‑eastern suburbs. The amendment alters the community’s formal status on the federal list and takes effect the day after registration."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 184 of the EPBC Act — amending the list of threatened ecological communities by changing a conservation category. The detailed ecological description in the Schedule, while lengthy, serves the statutory purpose of identifying precisely which biological assemblage is being protected. The scope remains tightly constrained to the specific administrative decision to upgrade the threat status of one named ecological community."},"complexity_factors":["Single, discrete administrative action (reclassification of one ecological community)","No defined terms section — relies on existing definitions in the parent Act","No conditional logic or nested exceptions","Straightforward procedural mechanism under paragraph 184(c) of the EPBC Act","Descriptive Schedule provides ecological detail but creates no legal obligations itself","Extremely short instrument (approximately 1.5 pages of operative text)"],"plain_english_summary":"This instrument reclassifies the Eastern Suburbs Banksia Scrub (Sydney region) from \"endangered\" to \"critically endangered\" under national law, reflecting its severe decline and imminent extinction risk.  \n\nThe change strengthens protections under the EPBC Act, meaning land managers, developers, local councils and anyone proposing works that could impact remaining scrub face tighter assessment and approval requirements — and it raises urgency for conservation action."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/list-of-threatened-ecological-communities-amendment-ec2-instrument-2021","history":"/api/acts/list-of-threatened-ecological-communities-amendment-ec2-instrument-2021/history","analysis":"/api/acts/list-of-threatened-ecological-communities-amendment-ec2-instrument-2021/analysis","conflicts":"/api/acts/list-of-threatened-ecological-communities-amendment-ec2-instrument-2021/conflicts","importantCases":"/api/acts/list-of-threatened-ecological-communities-amendment-ec2-instrument-2021/important-cases","documents":"/api/acts/list-of-threatened-ecological-communities-amendment-ec2-instrument-2021/documents"}}