Table 8.2: A summary of the Commonwealth, State and Territory threatened species legislation relevant to marine invertebrates

 

 

Commonwealth

NSW

VIC

TAS

SA

WA

NT

QLD

Principal legislation

Environment Protection and Biodiversity Conservation Act 1999

 

(replaces the Endangered Species Protection  Act 1992)

Fisheries Management Act 1994; Fisheries Management Amendment Act 1997

Flora and Fauna Guarantee Act 1988

 

Threatened Species Protection Act 1995

1. National Parks and Wildlife Act 1972

 

2. Fisheries Act  1982

Wildlife Conservation Act 1950

 

(Act in review)

 

 

Territory Parks and Wildlife Conservation Act 2000

Nature Conservation Act 1992

 

 

Regulations

Environment Protection and

Biodiversity Conservation

Regulations 2000

 

Flora And Fauna Guarantee Regulations 1990

Threatened Species Protection Regulations 1996

1. Wildlife Regulation 1990

 

 

2. Fisheries (General) Regulations 1984

Wildlife Conservation Regulations 1970, Wildlife Conservation (Specially Protected Fauna) Notice 1999

Territory Wildlife Regulations

Nature Conservation (Wildlife)

Regulation 1994

Agency Responsible

Environment Australia

NSW Fisheries

Department of Natural Resources and Environment

Parks and Wildlife Service (Department of Primary Industries, Water and Environment)

1. Parks and Wildlife (Dept of Environment and Natural Resources)

2. Fisheries (Primary Industries and Resources SA)

Department of Conservation and Land Management

Parks and Wildlife Commission of the NT

Environmental Protection Agency

Area covered

Terrestrial

Aquatic

Aquatic (marine, estuarine or freshwater)

Terrestrial

Aquatic

Terrestrial

Aquatic

1. Terrestrial /

Aquatic

 

2. Aquatic

Terrestrial

Aquatic

Terrestrial

Aquatic

Terrestrial

Aquatic

 

 

Commonwealth

NSW

VIC

TAS

SA

WA

NT

QLD

Groups covered

Any 'nationally threatened’ non-human ‘biological entities’ (incl. plants, animals and communities) 

‘Fish’ (= non-tetrapod aquatic animals at any stage of their life history, whether alive or

dead); Marine vegetation

Vertebrates, Invertebrates, Plants (vascular and non-vascular)

Vertebrates,

Invertebrates,

Plants (vascular and non-vascular)

1. Mammals,  birds, reptiles, Plants

 

2. Fish (defined as aquatic organisms of any species)

Indigenous animals (non human),

Flora

 

Wildlife, which has been recently redefined to include invertebrates

Vertebrates, Invertebrates, Plants (vascular and non-vascular), Protists, Procaryotes, Viruses

Threat Categories

Extinct, Extinct in the wild, Critically endangered, Endangered, Vulnerable, Conservation dependent species (including sub-species or populations);

 

Critically endangered, Endangered, Vulnerable communities

 

Endangered species, Endangered populations,

Endangered ecological communities,

Species presumed extinct, Vulnerable species

 

 

Threatened taxa,

Threatened Communities

 

 

Endangered (extant), Presumed extinct,

Vulnerable,

Rare

1. Endangered, Vulnerable,

Rare

 

2. Protected

All fauna is wholly protected.

 

Threatened fauna categories include critically endangered, endangered and vulnerable.

 

Fauna in need of special protection include: Rare or likely to become extinct; Presumed extinct; Otherwise specially protected

Protected,

Specially Protected

Presumed Extinct, Endangered, Vulnerable,  Rare

Other Categories

Key Threatening Processes

 

 

Key threatening processes

Potentially Threatening Processes

Critical habitats, threats etc. are not listed but can be considered during preparation of Recovery Plans and Threat Abatement Plans for listed taxa

 

 

 

Common wildlife, International wildlife,

Prohibited wildlife,

Critical habitats, Threatening processes

 



Commonwealth

NSW

VIC

TAS

SA

WA

NT

QLD

Criteria used for status assessment

As defined in the Regulations, with consideration of specific Taxa Action Plans and Conservation Overviews. IUCN and Milsap criteria for ranking also considered where relevant

As defined in the Act (Section 220F), based on IUCN criteria

As defined in the Regulations, with more detailed criteria also considered, as published in Flora and Fauna Guarantee Information Paper No.1

As defined in the Act, based on IUCN. Guidelines for application of criteria prepared by SAC and published in Gazette. These are currently being reworked with a view to their relevance to invertebrates and marine life

1. Not strictly defined in Act. Species listed on advice from biologists within DENR, State Herbarium and SA Museum, with consideration of IUCN and CITES criteria.

2. Evaluated on individual species- and case-by-case basis with scientific, industry and policy input. IUCN, CITES and Federal lists considered

Defined in CALM Policy Statement 33 – Criteria for Threatened Fauna and Specially Protected Fauna.

Ranking of threatened species based on IUCN criteria (CALM  Policy Statement 50)

IUCN criteria considered. Commission  intends to use “current” criteria as they develop, ie. IUCN and other States’ criteria

As defined in the Act, with consideration of CITES lists. Changes moving towards IUCN criteria with consideration of modified Milsap ranking for fauna

Nominations

Any person

Any person

Any person

Any person

 

 

 

 

Assessment of nominations / decisions on listing

Endangered Species Scientific Subcommittee advises Minister.

Additions or deletions from lists published in Gazette

Fisheries Scientific Committee makes recommendations to the Minister

Scientific Advisory Committee makes recommendations to the Minister

Scientific Advisory Committee makes preliminary recommendation, then (following period of public comment) a final recommendation to the Minister

No formal committees

Threatened Species  Scientific Committee responsible for listing and ranking within IUCN categories. Recommends to Minister

Parks and Wildlife Commission (which must have 3 scientists) makes recommendations to the Minister after public process

Scientific Advisory Committee  advises Minister on listings after assessment of nominations

Location of lists

Schedules 1, 2, 3 of ESP Act 1992

Schedules 4, 5, 6 of FM Act 1994

Schedule 2 of the FFG Act 1988

Schedules 3, 4, 5 of TSP Act 1995

1. Schedules 7, 8, 9 of NPW Act 1972

2. Reg. 6, Part 3 – Protected fish

Schedules 1, 2, 4 in the WC (SPF) Notice 1999

Schedule 7 of the TW Regulations (lists specially protected animals)

Schedules 1, 2, 3 of the NC (W) Regulation 1994



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Department of Environment and Heritage