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Appendix B1 - Matter-specific Standard for Threatened Species and Ecological Communities

Recommended National Environmental Standards

Appendix B to the Final Report sets out in detail 4 recommended National Environmental Standards that were developed by the Review following consultation with science, Indigenous, environmental and business stakeholders and with input from technical experts.

Threatened species and ecological communities are listed under section 178 of the EPBC Act, following a scientific assessment of their threat status against a set of criteria in the EPBC Act. The Australian Government and all states and territories have agreed to a common assessment method for the assessment and listing of threatened species.

Element

Description

Environmental Outcome

Threatened species and ecological communities are protected, conserved, managed and recovered over time.

National Standard

The conservation and recovery of each listed threatened species and ecological community is supported by actions, decisions, plans and policies that:

  1. Are not inconsistent with relevant recovery plans and threat abatement plans.
  2. Have regard to relevant conservation advices, and ensure decisions reflect that advice.
  3. Consider best available information and data to ascertain areas of habitat (including habitat critical to survival), important populations and condition thresholds.
  4. Employ all reasonable measures to avoid and then to mitigate impacts to listed threatened species and ecological communities.
  5. Employ achievable and ecologically feasible offsets to counterbalance residual significant impacts, only after all reasonable steps to avoid and mitigate impacts are taken.
  6. Support the rights of Indigenous Australians to practice customary activities and traditions, consistent with section 211 of the Native Title Act 1993.
  7. Promote the survival and/or enhance the conservation status of listed threatened species and ecological communities, taking into account both individual and cumulative impacts, by:
    1. Maintaining and improving habitat of all listed threatened species, including by ensuring that actions and decisions, at a minimum:
      1. avoid adverse impacts to the extent or quality of habitat critical to the survival of the species, and
      2. ensure no net reduction of habitat of a listed threatened species.
    2. Maintaining and improving population numbers for all listed threatened species, including by ensuring that actions and decisions, at a minimum:
      1. avoid adverse impacts that are likely to result in the loss of individuals or populations of highly restricted and small and declining species, and
      2. ensure no net reduction in the population of a listed critically endangered or endangered species or important population of a vulnerable species.
    3. Maintaining and improving the extent and condition of listed endangered and critically endangered ecological communities, including by ensuring that actions and decisions, at a minimum:
      1. avoid adverse impacts to the extent or quality of areas of highly restricted and sensitive ecological communities
      2. avoid adverse impacts to areas of listed ecological communities that meet high condition thresholds and classes, and
      3. ensure no net reduction in the extent or condition of a listed endangered or critically endangered ecological community.
    4. Not exacerbating key threats to the listed threatened species or ecological community.
    5. Developing and implementing management arrangements that address cumulative impacts and key threats and support the recovery of listed threatened species and ecological communities.

Requirements in Commonwealth areas:

  1. Do not kill, injure, take, trade, keep or move a listed threatened species or ecological community, except where a permit is issued.

Further Information

International commitments relating to threatened species and ecological communities:

Australia is a signatory to the following international conventions that aim to protect, conserve and restore biological diversity and natural resources:

  • Convention on Biological Diversity (Biodiversity Convention)
  • Convention on Conservation of Nature in the South Pacific (Apia Convention)
  • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

See also:

The Species Profiles and Threats (SPRAT) database contains links to Recovery Plans and Conservation Advices as well as an interactive map showing the species modelled habitat and other important information sources like listing advices and Threat Abatement Plans.

This Standard should be applied in conjunction with the Overarching MNES Standard, relevant matter-specific Standards and other National Environmental Standards.

Definitions

Best available information: is the best and most up to date information available for species and communities that provide important context for consideration in actions, decisions, plans and policies and which may not be reflected in all statutory documents. This may be through research, monitoring, unpublished recent listing assessments and/or conservation action implemented as part of statutory plans, or population or habitat impacts which arise from unexpected events that change a species situation in the wild for example; Wildfires, disease outbreaks, drought, cyclones or contamination events.

Condition Thresholds and Classes: most Ecological Community listings since 2007 specify condition thresholds and classes. These are intended to focus national legal protection on patches or occurrences of a TEC that are functional, relatively natural and in relatively good condition. They specify a minimum condition and higher condition classes to understand relative importance of a patch, and to guide management and goals for restoration.

Conservation advice: an approved conservation advice is a document prepared in accordance with section 266B(2) of the EPBC Act.

Cumulative impacts: the collective impacts from all actions, decisions, plans, policies and other pressures, measured against a stipulated baseline. See Significant Impact Guidelines 1.2 (2013), Significant Impact Guidelines 1.3 (2013) and Reef 2050 Plan: Cumulative Impact Management Policy (2018) for further explanation of the concept of cumulative impacts.

Habitat: the biophysical medium or media: (a) occupied (continuously, periodically or occasionally) by an organism or group of organisms; and (b) once occupied (continuously, periodically or occasionally) by an organism or group of organisms and into which organisms of that kind have the potential to be introduced, and (c) biophysical media projected to become suitable for occupation under future climates if specified in the Conservation Advice.

Habitat critical to the survival of a species or ecological community: habitat identified in a recovery plan or conservation advice for the species or ecological community as habitat critical for that species or ecological community, or habitat listed on the Register of Critical Habitat maintained by the Minister under the EPBC Act. Where no Recovery Plan is in force under the EPBC Act, habitat critical to the survival includes areas that are demonstrated to be necessary for a listed threatened species or ecological community:

  • for activities such as foraging, breeding, roosting, or dispersal,
  • for the long-term maintenance of the species or ecological community (including the maintenance of species essential to the survival of the species or ecological community, such as pollinators),
  • to maintain genetic diversity and long-term evolutionary development, or
  • for the reintroduction of populations or recovery of the species or ecological community.

This definition is consistent with the Significant Impact Guidelines 1.1: Matters of National Environmental Significance (2013).

Highly restricted and small and declining species: critically endangered or endangered listed species with distributions, population sizes and decline which is highly precarious to their survival as demonstrated by species that meet Criteria B, C or D of the Common Assessment Method.

Highly restricted and sensitive ecological communities: ecosystems that meet the criteria for Critically Endangered or Endangered under Criterion 2 of regulation 7.02 of the EPBC Regulation because their geographic distribution is very restricted or restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the near or immediate future.

Important population: a population that is necessary for a species’ long-term survival and recovery. This may include populations identified as such in Conservation Advices and Recovery Plans, and/or that are demonstrated to be:

  • key source populations either for breeding or dispersal
  • populations that are necessary for maintaining genetic diversity, and/or
  • populations that are near the limit of the species’ range.

This definition is consistent with the Significant Impact Guidelines 1.1: Matters of National Environmental Significance (2013).

Key threats: the threats to a species or ecological community identified in a Recovery Plan, Key Threatening Process or Threat Abatement Plan as key threats to that species or community.

Listed threatened, endangered or critically endangered species or ecological community: should be understood with reference to section 528 of the EPBC Act.

No net reduction: the net outcome of activities to avoid, mitigate and offset impacts as a result of an action, measured against a stipulated baseline. See EPBC Act Environmental Offsets Policy (2012, as updated from time to time) for further information.

Offset: measures that may be used once it has been demonstrated that all reasonable steps have been taken to avoid and minimise impacts, that are provided to compensate, repair or replace an impacted value, including changes to the integrity, quality, condition and/or extent of habitat. Offsets must be consistent with the EPBC Act Environmental Offsets Policy (2012, as updated from time to time), or an accredited policy relating to offsets of a state or territory. Offsets must be achievable and ecologically feasible:

  • An offset is achievable where demonstrated scientific knowledge exists on how to restore the habitat with a high confidence of success, and its long-term protection is assured (for example through conservation covenants or conservation agreements), and
  • An offset is ecologically feasible where it can be demonstrated that the species or community can be reliably restored in a timeframe proportionate to effectively address the impact of the action and enough space exists to undertake restoration (not ecologically or tenure constrained).

Permit: a permit required under Part 13 of the EPBC Act.

Population: a population of a species or ecological community means an occurrence of the species or community in a particular area, as defined under section 528 of the EPBC Act.

Recovery plan: a plan made or adopted under section 269A of the EPBC Act.

Section 211 of the Native Title Act 1993: provides that holders of native title rights covering certain activities do not need authorisation required by other laws to engage in those activities.

Threat Abatement Plan: a plan made or adopted under section 270B of the EPBC Act.

Additional information

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Contents

    Publish date

    October 2020