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
|
|