Many of the key features of the Endangered Species Protection Act 1992 are retained, although there are some key changes designed to address some of the identified shortcomings of the latter, including extension of the Commonwealth’s authority in relation to listed species across their full Australian range (previously limited to Commonwealth land and waters).

Species (the definition of which includes a subspecies, or distinct population) may be listed as ‘extinct’, ‘extinct in the wild’, ‘critically endangered’, ‘endangered’, ‘vulnerable’, or ‘conservation dependent’. Ecological communities may also be listed, in the categories ‘critically endangered’, ‘endangered’, or ‘vulnerable’ (under the ESP Act, only ‘endangered’ communities could be listed). The criteria for proclaiming a species or community as threatened, which were established by the Endangered Species Scientific Subcommittee, are listed in the Environment Protection and Biodiversity Conservation Regulations 2000. A Key Threatening Process can be listed if it could cause any native species or community to become eligible for listing (in any category other than conservation dependent), could result in a listed species or community being moved to a higher category of threat, or adversely affects two or more listed species or communities[190].

The public can nominate species, communities and threatening processes. Nominations are assessed by the Threatened Species Scientific Committee, who forward their recommendations to the Environment Minister for decision. Benefits of listing include a responsibility by the Commonwealth to develop recovery plans for all listed species or ecological communities. Recovery plans developed under the EPBC Act must identify critical habitat for listed species. Key Threatening Processes may also be listed through this process, and Threat Abatement Plans may be prepared if the Minister considers it feasible and effective to develop such a plan to address the problem (Dovey 1999).

To date only a few invertebrates, and no marine invertebrates, have been listed at the Commonwealth level.