{"id":"F2021L01315","name":"List of Threatened Ecological Communities Amendment (EC78) Instrument 2021","slug":"list-of-threatened-ecological-communities-amendment-ec78-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102100,"registerId":"commonwealth-F2021L01315-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 (EC78) Instrument 2021","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nCommonwealth of Australia\n\nList of Threatened Ecological Communities Amendment (EC78) Instrument 2021\n\nI, SUSSAN LEY, Minister for the Environment, pursuant to paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999, hereby 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\nTasmanian white gum (Eucalyptus viminalis) wet forest\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 ................3/9/21 ........................\n\n  \nSCHEDULE\n\nTasmanian white gum (Eucalyptus viminalis) wet forest\n\nThe Tasmanian white gum wet forest is a type of eucalypt forest that is found in all Tasmanian bioregions, but mainly within the Northern Slopes and Ben Lomond bioregions in the north of the state. It typically occurs on moderately fertile to fertile well-drained soils. It occurs where fire is normally infrequent and rainfall is high. It is usually found in areas where average annual rainfall exceeds 1000mm, though may also occur in drier areas with reliable water supplies, such as river gullies.\n\nTasmanian white gum wet forest is a wet eucalypt forest, with either a wet sclerophyll or mixed forest understorey. It typically has a tall open forest structure, with a canopy dominated by tall eucalypts over a secondary tree layer and usually broad-leaf shrubs, ferns and graminoids.\n\nThe canopy of this ecological community is dominated by white gum (Eucalyptus viminalis). Other canopy species often present include stringybark (E. obliqua) and gum-topped stringybark (E. delegatensis), with giant ash (E. regnans) in the north-east and black gum (E. ovata) in poorly drained sites. Blackwood (Acacia melanoxylon) and silver wattle (A. dealbata) are widespread secondary tree species in wet sclerophyll forest, and are successively replaced by rainforest trees, predominantly myrtle beech (Nothofagus cunninghamii) and sassafras (Atherosperma moschatum), in mixed forest.\n\nMost sites have a typical wet sclerophyll understorey containing tall shrubs and small trees such as common dogwood (Pomaderris apetala), musk daisybush (Olearia argophylla), blanket leaf (Bedfordia salicina) and native currant (Coprosma quadrifida). Ferns are common, particularly soft treefern (Dicksonia antarctica) but also usually ground ferns (e.g. Hypolepis rugosula, Histiopteris incisa, Blechnum spp. and Polystichum proliferum). Graminoids such as cutting grass (Gahnia grandis) and swordsedges (Lepidosperma spp.) are sometimes prominent. In poorly drained sites, paperbarks (Melaleuca spp. particularly M. squarrosa) or teatrees (Leptospermum spp. particularly L. lanigerum) may be common. Alternatively, in mixed forest forms of the ecological community the understorey can be dominated by shrubs and saplings of rainforest tree species, notably myrtle beech (Nothofagus cunninghamii) or sassafras (Atherosperma moschatum), or occasionally leatherwood (Eucryphia lucida) or celerytop pine (Phyllocladus aspleniifolius). The community tends to be species-poor with respect to herbs and grasses, mostly due to a thick layer of plant litter.\n\nThe ecological community includes a variety of fauna species, including 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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the enabling legislation — amending the list of threatened ecological communities. It does not expand beyond the original statutory purpose."},"complexity_factors":["Single, straightforward administrative action (adding one item to an existing list)","No defined terms section — relies on common botanical and ecological terminology","No cross-references to other legislation beyond the enabling provision (paragraph 184(a) of the EPBC Act)","No conditional logic, exceptions, or procedural requirements","Descriptive Schedule uses plain English botanical descriptions rather than technical legal definitions","Total length is approximately 400 words"],"plain_english_summary":"This decision lists the Tasmanian white gum (Eucalyptus viminalis) wet forest as a nationally “critically endangered” ecological community. It strengthens federal protection under the EPBC Act, meaning activities likely to significantly impact this forest may need Commonwealth assessment and approval. The listing affects landowners and developers in northern Tasmania, boosts conservation agencies’ legal tools, and aims to halt the community’s risk of extinction."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument changes scope by adding the Tasmanian white gum wet forest to the list of ecological communities in the critically endangered category under section 181 of the EPBC Act (instrument preamble and Schedule). That expands the set of ecosystems captured by the Act’s threatened-community framework, thereby altering the regulatory coverage and decision-making footprint where this community occurs."},"complexity_factors":["Single, discrete amendment: the instrument performs one concrete action—adding one community to the list (instrument heading and operative paragraph).","Legal dependency on EPBC Act cross-reference: effect depends on paragraph 184(a) and section 181 of the Environment Protection and Biodiversity Conservation Act 1999 (instrument preamble), so practical impact requires reading the parent Act.","Technical ecological description in the Schedule: identification relies on habitat, species composition and rainfall/soil criteria (Schedule), which may require ecological expertise to apply on the ground.","No operational thresholds or mapping provided: Schedule gives descriptive criteria but does not supply precise boundaries or quantitative tests, creating interpretive work for regulators and landholders (Schedule).","Immediate commencement: the instrument commences the day after registration, shortening lead time for stakeholders to adapt (operative paragraph).","Potential administrative and compliance effects: listing changes which areas attract regulatory attention and may affect approvals and management, shifting administrative workload to regulators and compliance duties to landholders (inferred from addition to the list in instrument preamble)."],"plain_english_summary":"This instrument amends the statutory list under the Environment Protection and Biodiversity Conservation Act 1999 to add “Tasmanian white gum (Eucalyptus viminalis) wet forest” as a critically endangered ecological community, taking effect the day after registration. It supplies a descriptive schedule (habitat, structure, key species) to identify the community. The change affects landowners, developers, regulators and conservation managers by expanding which ecosystems fall within the Act’s threatened-community rules, which can alter approvals, compliance duties and administrative decisions (see instrument preamble and Schedule)."}},"importantCases":[],"_links":{"self":"/api/acts/list-of-threatened-ecological-communities-amendment-ec78-instrument-2021","history":"/api/acts/list-of-threatened-ecological-communities-amendment-ec78-instrument-2021/history","analysis":"/api/acts/list-of-threatened-ecological-communities-amendment-ec78-instrument-2021/analysis","conflicts":"/api/acts/list-of-threatened-ecological-communities-amendment-ec78-instrument-2021/conflicts","importantCases":"/api/acts/list-of-threatened-ecological-communities-amendment-ec78-instrument-2021/important-cases","documents":"/api/acts/list-of-threatened-ecological-communities-amendment-ec78-instrument-2021/documents"}}