(d) collecting and analysing information about processes or activities that are likely to have a significant impact on the conservation and ecologically sustainable use of biodiversity;
(e) assessing strategies and techniques for the conservation and ecologically sustainable use of biodiversity;
(f) systematically determining biodiversity conservation needs and priorities.
(3) In this Act:
components of biodiversity includes species, habitats, ecological communities, genes, ecosystems and ecological processes.
(4) For the purposes of this section, the components of biological diversity that are important for its conservation and ecologically sustainable use are to be identified having regard to the matters set out in Annex I to the Biodiversity Convention.
(5) The giving of assistance may be made subject to such conditions as the Minister thinks fit.
172 Inventories of listed threatened species etc. on Commonwealth land
(1) The Minister may prepare an inventory covering an area of Commonwealth land that identifies, and states the abundance of, the listed threatened species, listed threatened ecological communities, listed migratory species and listed marine species on the area of land if:
(a) the Minister is satisfied that the area of land is of importance for the conservation of biodiversity; and
(b) the area of land is not covered by a plan that:
(i) has an object (whether express or implied) of either protecting the environment or promoting the conservation of biodiversity; and
(ii) is in force under a law of the Commonwealth.
(2) A Commonwealth agency must provide all reasonable assistance in connection with the preparation of an inventory if:
(a) the inventory is to cover an area of Commonwealth land; and
(b) the agency has an interest in the area of land.
(3) For the purposes of paragraph (2)(b), a Commonwealth agency has an interest in an area of Commonwealth land if the agency:
(a) has a legal or equitable interest in the area; or
(b) occupies the area; or
(c) has administrative responsibilities relating to the area or to actions taken in the area.
173 Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas
(1) The Minister may prepare a survey covering a Commonwealth marine area that identifies, and states the extent of the range of, cetaceans, listed threatened species, listed threatened ecological communities, listed migratory species and listed marine species in the area if:
(a) the Minister is satisfied that the area is of importance for the conservation of biodiversity; and
(i) has an object (whether express or implied) of either protecting the environment or promoting the conservation of biodiversity; and
(ii) is in force under a law of the Commonwealth.
(2) A Commonwealth agency must provide all reasonable assistance in connection with the preparation of a survey if:
(a) the survey is to cover a Commonwealth marine area; and
(b) the agency has an interest in the area.
(3) For the purposes of paragraph (2)(b), a Commonwealth agency has an interest in a Commonwealth marine area if the agency:
(a) has a legal or equitable interest in the area; or
(b) occupies the area; or
(c) has administrative responsibilities relating to the area or to actions taken in the area.
174 Inventories and surveys to be updated
The Minister must take reasonable steps to ensure that the inventories and surveys prepared under this Division are maintained in an up‑to‑date form.
Division 2—Bioregional plans
176 Bioregional plans
(1) The Minister may prepare a bioregional plan for a bioregion that is within a Commonwealth area. In preparing the plan, the Minister must carry out public consultation on a draft of the plan in accordance with the regulations.
(2) The Minister may, on behalf of the Commonwealth, co‑operate with a State or a self‑governing Territory, an agency of a State or of a self‑governing Territory, or any other person in the preparation of a bioregional plan for a bioregion that is not wholly within a Commonwealth area.
(3) The co‑operation may include giving financial or other assistance.
(4) A bioregional plan may include provisions about all or any of the following:
(a) the components of biodiversity, their distribution and conservation status;
(b) important economic and social values;
(ba) heritage values of places;
(c) objectives relating to biodiversity and other values;
(d) priorities, strategies and actions to achieve the objectives;
(e) mechanisms for community involvement in implementing the plan;
(f) measures for monitoring and reviewing the plan.
(4A) A bioregional plan prepared under subsection (1) or (2) is not a legislative instrument.
(5) Subject to this Act, the Minister must have regard to a bioregional plan in making any decision under this Act to which the plan is relevant.
177 Obligations under this Act unaffected by lack of bioregional plans
Obligations imposed by this Act are not affected, in their application in relation to Commonwealth areas, by a lack of bioregional plans for those areas.
Part 13—Species and communities
Division 1—Listed threatened species and ecological communities
Subdivision A—Listing
178 Listing of threatened species
(1) The Minister must, by legislative instrument, establish a list of threatened species divided into the following categories:
(a) extinct;
(b) extinct in the wild;
(c) critically endangered;
(d) endangered;
(e) vulnerable;
(f) conservation dependent.
(2) The list, as first established, must contain only the species contained in Schedule 1 to the Endangered Species Protection Act 1992, as in force immediately before the commencement of this Act.
(3) The Minister must include:
(a) in the extinct category of the list, as first established, only the species mentioned in subsection (2) that were listed as presumed extinct; and
(b) in the endangered category of the list, as first established, only the native species mentioned in subsection (2) that were listed as endangered; and
(c) in the vulnerable category of the list, as first established, only the species mentioned in subsection (2) that were listed as vulnerable.
(4) If the Minister is satisfied that a species included in the list, as first established, in:
(a) the extinct category; or
(b) the endangered category; or
(c) the vulnerable category;
is not eligible to be included in that or any other category, or is eligible to be, or under subsection 186(3), (4) or (5) can be, included in another category, the Minister must, within 6 months after the commencement of this Act, amend the list accordingly in accordance with this Subdivision.
179 Categories of threatened species
(1) A native species is eligible to be included in the extinct category at a particular time if, at that time, there is no reasonable doubt that the last member of the species has died.
(2) A native species is eligible to be included in the extinct in the wild category at a particular time if, at that time:
(a) it is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or
(b) it has not been recorded in its known and/or expected habitat, at appropriate seasons, anywhere in its past range, despite exhaustive surveys over a time frame appropriate to its life cycle and form.
(3) A native species is eligible to be included in the critically endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.
(4) A native species is eligible to be included in the endangered category at a particular time if, at that time:
(a) it is not critically endangered; and
(b) it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with the prescribed criteria.
(5) A native species is eligible to be included in the vulnerable category at a particular time if, at that time:
(a) it is not critically endangered or endangered; and
(b) it is facing a high risk of extinction in the wild in the medium‑term future, as determined in accordance with the prescribed criteria.
(6) A native species is eligible to be included in the conservation dependent category at a particular time if, at that time:
(a) the species is the focus of a specific conservation program the cessation of which would result in the species becoming vulnerable, endangered or critically endangered; or
(b) the following subparagraphs are satisfied:
(i) the species is a species of fish;
(ii) the species is the focus of a plan of management that provides for management actions necessary to stop the decline of, and support the recovery of, the species so that its chances of long term survival in nature are maximised;
(iii) the plan of management is in force under a law of the Commonwealth or of a State or Territory;
(iv) cessation of the plan of management would adversely affect the conservation status of the species.
(7) In subsection (6):
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
180 Native species of marine fish
(1) A native species of marine fish is eligible to be included in a category mentioned in a paragraph of subsection 178(1) at a particular time if, at that time, the species meets the prescribed criteria for that category.
(2) A subsection of section 179 referring to a category (the relevant category) does not apply to a native species of marine fish if regulations are in force for the purposes of subsection (1) of this section prescribing criteria for the relevant category.
181 Listing of threatened ecological communities
(1) The Minister must, by legislative instrument, establish a list of threatened ecological communities divided into the following categories:
(a) critically endangered;
(b) endangered;
(c) vulnerable.
(2) Subject to subsection (3), the Minister must not include an ecological community in a particular category of the list, as first established, unless satisfied that the ecological community is eligible to be included in that category when the list is first published.
(3) The list, as first established, must contain only the ecological communities listed in Schedule 2 to the Endangered Species Protection Act 1992 immediately before the commencement of this Act, and they must be listed in the endangered category.
(4) If the Minister is satisfied that an ecological community included in the endangered category of the list, as first established under subsection (3), is not eligible to be included in that or any other category, or is eligible to be included in another category, the Minister must, within 6 months after the commencement of this Act, amend the list accordingly in accordance with this Subdivision.
(5) To avoid doubt, the instrument first establishing the list under subsection (1) is not taken to have been a legislative instrument.
Note: When the list was first established, it was required to be established by instrument published in the Gazette.
182 Critically endangered, endangered and vulnerable communities
(1) An ecological community is eligible to be included in the critically endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.
(2) An ecological community is eligible to be included in the endangered category at a particular time if, at that time:
(a) it is not critically endangered; and
(b) it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with the prescribed criteria.
(3) An ecological community is eligible to be included in the vulnerable category at a particular time if, at that time:
(a) it is not critically endangered nor endangered; and
(b) it is facing a high risk of extinction in the wild in the medium‑term future, as determined in accordance with the prescribed criteria.
183 Listing of key threatening processes
(1) The Minister must, by legislative instrument, establish a list of threatening processes that are key threatening processes.
(2) The list, as first established, must contain only the key threatening processes contained in Schedule 3 to the Endangered Species Protection Act 1992, as in force immediately before the commencement of this Act.
184 Minister may amend lists
Subject to this Subdivision, the Minister may, by legislative instrument, amend a list referred to in section 178, 181 or 183 by:
(a) including items in the list in accordance with Subdivision AA; or
(aa) including items in the list in accordance with subsection 186(3), (4) or (5); or
(b) deleting items from the list; or
(c) in the case of the list referred to in section 178 or 181—transferring items from one category in the list to another category in the list in accordance with Subdivision AA; or
(d) correcting an inaccuracy or updating the name of a listed threatened species or listed threatened ecological community.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument. See regulations made for the purposes of paragraph 54(2)(b) of that Act.
186 Amending list of threatened native species
Including native species in a category
(1) Subject to subsections (3), (4) and (5), the Minister must not include (whether as a result of a transfer or otherwise) a native species in a particular category unless satisfied that the native species is eligible to be included in that category.
(2) In deciding whether to include a native species in a particular category (whether as a result of a transfer or otherwise), the only matters the Minister may consider are matters relating to:
(a) whether the native species is eligible to be included in that category; or
(b) the effect that including the native species in that category could have on the survival of the native species.
Deleting native species from a category
(2A) The Minister must not delete (whether as a result of a transfer or otherwise) a native species from a particular category unless satisfied that:
(a) the native species is no longer eligible to be included in that category; or
(b) the inclusion of the native species in that category is not contributing, or will not contribute, to the survival of the native species.
(2B) In deciding whether to delete a native species from a particular category (whether as a result of a transfer or otherwise), the only matters the Minister may consider are matters relating to:
(a) whether the native species is eligible to be included in that category; or
(b) the effect that the inclusion of the native species in that category is having, or could have, on the survival of the native species.
Including similar species to an eligible species
(3) The Minister may include a native species in the critically endangered category if satisfied that:
(a) it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(3)) that it is difficult to differentiate between the 2 species; and
(b) this difficulty poses an additional threat to the last‑mentioned species; and
(c) it would substantially promote the objects of this Act if the first‑mentioned species were regarded as critically endangered.
(4) The Minister may include a native species in the endangered category if satisfied that:
(a) it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(4)) that it is difficult to differentiate between the 2 species; and
(b) this difficulty poses an additional threat to the last‑mentioned species; and
(c) it would substantially promote the objects of this Act if the first‑mentioned species were regarded as endangered.
(5) The Minister may include a native species in the vulnerable category if satisfied that:
(a) it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(5)) that it is difficult to differentiate between the 2 species; and
(b) this difficulty poses an additional threat to the last‑mentioned species; and
(c) it would substantially promote the objects of this Act if the first‑mentioned species were regarded as vulnerable.
187 Amending list of ecological communities
Including ecological communities in a category
(1) The Minister must not include (whether as a result of a transfer or otherwise) an ecological community in a particular category unless satisfied that the ecological community is eligible to be included in that category.
(2) In deciding whether to include an ecological community in a particular category (whether as a result of a transfer or otherwise), the only matters the Minister may consider are matters relating to:
(a) whether the ecological community is eligible to be included in that category; or
(b) the effect that including the ecological community in that category could have on the survival of the ecological community.
Deleting ecological communities from a category
(3) The Minister must not delete (whether as a result of a transfer or otherwise) an ecological community from a particular category unless satisfied that:
(a) the ecological community is no longer eligible to be included in that category; or
(b) the inclusion of the ecological community in that category is not contributing, or will not contribute, to the survival of the ecological community.