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Parliamentary Questions


Question On Notice No. 722 asked in the Legislative Council on 10 May 2022 by Hon Dr Brad Pettitt

Question Directed to the: Minister for Emergency Services representing the Minister for Environment
Parliament: 41 Session: 1


Question

I refer to the Minister for Environment’s response on 15 February 2022 to question on notice 455, in which the Minister has not addressed the question about why Threatened Ecological Communities or Collapsed Ecological Communities have not been listed under the Biodiversity Conservation Act 2016, and the Minister has stated that Ministerial Guidelines were not finalised until 2021, and I ask:
(a) given that Ministerial Guidelines for Threatened Ecological Communities have been published by the Department of Biodiversity, Conservation and Attractions dated 17 April 2019, and the Threatened Ecological Communities Scientific Committee has met eight times since February 2018 to June 2021, and the Minister for Environment endorsed 65 threatened ecological communities on 28 June 2018, why have no threatened or collapsed ecological communities been listed under the Biodiversity Conservation Act 2016;
(b) does this Minister consider that the 65 threatened ecological communities listed on the Department of Biodiversity, Conservation and Attractions website, and endorsed by the Minister for Environment on 28 June 2018 have legal protection under the Biodiversity Conservation Act 2016:
(i) if yes to (b), why is this the case; and
(ii) if no to (b), why do threatened ecological communities remain legally unprotected under the Biodiversity Conservation Act 2016; and
(c) can the Minister explain why Ministerial Guidelines 2 Threatened and Extinct Species Listing Procedures and Criteria under the Biodiversity Conservation Act 2016 are published on the Department of Biodiversity, Conservation and Attractions website, dated 21 December 2018 yet there have been no orders to amend or update lists since 2018:
(i) if no to (c), why not?

Answered on 14 June 2022

(a) Ministerial Guideline Number 4 - Threatened Ecological Communities Listing Specifications and Criteria was reviewed and updated. The current version was approved on 14 May 2021. The criteria are consistent with the International Union for the Conservation of Nature (IUCN) Red List of Ecosystems Categories and Criteria and is different to the criteria used for the listing of threatened ecological communities referred to in the Environmental Protection (Sensitive Areas) Notice 2015.

In accordance with Ministerial Guideline Number 1 Procedures for Making and Assessing Public Nominations for Listing Species or Communities as Threatened Species or Threatened Ecological Communities, and for Listing Key Threatening Processes the proposed nominations must be released for public consultation prior to formal consideration by the Threatened Ecological Communities Scientific Committee (TECSC).

(b) No.

     (i) Not applicable.

     (ii) Threatened ecological communities will be protected under the Biodiversity Conservation Act 2016 when the first order is made. There is existing protection under the Environmental Protection Act 1986 (EP Act). The 65 extant TECs are threatened ecological communities referred to in the Environmental Protection (Environmentally Sensitive Areas) Notice 2015.

(c) The Ministerial Guideline documents were reviewed and updated. Ministerial Guideline Number 2 - Threatened and Extinct Species Listing Specifications and Criteria was approved on 14 May 2021 

In accordance with Ministerial Guideline Number 1, public consultation on proposed nominations was undertaken in late 2021 prior to a meeting of the Threatened Species Scientific Committee in February 2022. I have approved the recommendations for listing and the drafting instructions for the order to be made under the Biodiversity Conservation Act 2016. After the order is published in the Gazette it will be laid before each House of Parliament.

     (i) Not applicable.