Disallowed Ecological Communities

To include an ecological community in the List of Threatened Ecological Communities under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a legislative instrument describing the ecological community and its status (vulnerable, endangered or critically endangered) is created and signed. The instrument must then be registered on the Federal Register of Legislative Instruments and takes effect the day after registration (known as the date of commencement).

These types of legislative instruments are ‘disallowable’ instruments. Disallowable instruments are instruments that must be tabled and are open to Parliamentary veto (disallowance) for fifteen sitting days from the date of tabling. When an instrument is disallowed by a resolution (that can be passed by either House of Parliament), the instrument ceases to have effect and is taken to have been repealed from that time (sections 42(1) and 45(1) of the Legislative Instruments Act 2003 (Cth)).

The legislative instrument that included the ecological community in the List of Threatened Ecological Communities is therefore repealed and ceases to be a listed threatened ecological community from that date. However, the status of the community prior to the time of disallowance is unaffected – that is, the ecological community must be considered to have been listed as a threatened ecological community under the EPBC Act for a set period, from the date of commencement of the instrument to the time of disallowance.

Each ecological community name links to its Species Profile and Threats Database (SPRAT) profile.