While all care has been taken in the preparation of our Fact Sheets, they are a guide only and are no substitute for legal advice in individual cases. For any specific questions, you should seek legal advice. This Fact Sheet last updated: July 2019

Biodiversity conservation laws in the Northern Territory and at the Commonwealth level both have processes for classifying species according to their conservation status.

The classification that is given to a species affects how decision-makers will consider the impacts on that species, when making decisions. The classification process (often called a “listing” process) enables public participation in defining the types of species that should be protected and how at risk those species are.

Classifying species under the Territory Parks and Wildlife Conservation Act

Under the Territory Parks and Wildlife Conservation Act the Minister for Parks and Wildlife has two legal obligations with regard to classifying species:

  1. to identify the conservation status of each of the species of wildlife in the Northern Territory; and
  2. to classify those species according to their conservation status (ref 1).

The Northern Territory has adopted the IUCN (International Union for the Conservation of Nature) classification system. The available conservation classifications are:

  • Extinct
  • Extinct in the Wild
  • Critically Endangered
  • Endangered
  • Vulnerable
  • Near threatened
  • Data deficient
  • Least concern
  • Not evaluated

The Northern Territory Government website has information about the classification of species in the Northern Territory. The Department maintains a list of threatened species (which are species that are in the Extinct, Extinct in the Wild, Critically Endangered, Endangered and Vulnerable Categories). This List is reviewed every 4-5 years. The most recent review was in 2012.

There are different types of classification:

  • Threatened wildlife – this means species that are classified under Northern Territory law as Extinct in the Wild, Critically Endangered, Endangered or Vulnerable. The Minister has an obligation to identify which type of species classifications are considered to be “threatened wildlife” for the purposes of the Territory Parks and Wildlife Conservation Act (ref 2). All species of threatened wildlife, whether identified by classification or species, are automatically classed as protected wildlife (see below) (ref 3) . The penalties for harming threatened wildlife are greater than those for harming protected wildlife (Ref 4).
  • Protected wildlife – this is a classification under the Territory Parks and Wildlife Conservation Act that means all wildlife that is in a Territory park, reserve, sanctuary, wilderness zone or area of essential habitat (ref 5) and any vertebrate that is indigenous to Australia, irrespective of where it lives is protected (i.e. native animals that are vertebrates are classed as protected wildlife and do not need to live in a Territory park to be protected) (ref 6). Wildlife has a wide meaning and includes (ref 7):
    • animals and plants that are indigenous to Australia, on land, in the coastal sea, or the seabed or sub-soil beneath the sea;
    • migratory animals that periodically or occasionally visit Australia; and
    • animals introduced by Aboriginals before 1788.

Animals means vertebrates, invertebrates, one-celled living organisms, offspring such as eggs, larvae and pupae, parts of animals including secretions, and chemicals or other extracts from an animal (ref 8).

“Protected wildlife” can only be lawfully treated in certain ways. There are special legal requirements about taking, interfering with, or killing protected wildlife (ref 9).

In particular, there are criminal offences for taking or interfering with protected wildlife without legal approval (ref 10). For more information, please read our Fact Sheet on Offences for harming, interfering with or killing animals and plants.

Classifying species under the Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 also has several different categories for classification of threatened species and communities. These are (ref 11):

  • Species that are extinct in the wild (ref 12) – A native species is eligible to be included in the extinct category at a particular time if, at that time, there is no reasonable doubt that the last member of the species has died (ref 13). A native species is eligible to be included in the extinct in the wild category at a particular time if, at that time it is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range or it has not been recorded in its known and/or expected habitat, at appropriate seasons, anywhere in its past range, despite exhaustive surveys over a time frame appropriate to its life cycle and form (ref 14).
  • Critically endangered species (ref 15) – A native species is eligible to be included in the critically endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.
  • Endangered species (ref 16) – A native species is eligible to be included in the endangered category at a particular time if, at that time it is not critically endangered and it is facing a very high risk of extinction in the wild in the near future
  • Vulnerable species (ref 17) – A native species is eligible to be included in the vulnerable category at a particular time if, at that time it is not critically endangered or endangered and it is facing a high risk of extinction in the wild in the medium‑term future, as determined in accordance with the prescribed criteria.
  • Critically endangered communities (Ref 18) – An ecological community is eligible to be included in the critically endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.
  • Endangered communities (ref 19) – An ecological community is eligible to be included in the endangered category at a particular time if, at that time it is not critically endangered; and it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with the prescribed criteria.
  • Listed migratory species – These are migratory species that are protected in Australia as a result of Australia’s obligations under international conventions (ref 20):
    • Japan-Australia Migratory Bird Agreement (JAMBA)
    • China-Australia Migratory Bird Agreement (CAMBA)
    • the Conservation of Migratory Species of Wild Animals – (Bonn Convention) ○ native, migratory species identified in a list established under, or an instrument made under, an international agreement approved by the Minister, such as the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA).

Species that are listed in one of the above classifications under the Environment Protection and Biodiversity Conservation Act 1999 may be protected under one or more of the biodiversity conservation mechanisms in the Act.

For example, if a certain number of individuals in one or more of the threatened species classifications are likely to significantly impacted (ref 21) by an “action” (projects, developments, an undertaking, an activity or series of events or any alteration to these) (ref 22) , environmental assessment and approval under the Act may be required.

Significant Impact Guidelines provide information when a project may have a significant impact on a matter of national environmental significance. For more information, please read our Fact Sheet on the Commonwealth environmental impact assessment process.

Public participation in the listing process

Under Northern Territory law, the listing process for adding new species to the list or varying the classification of species on the list, requires the Minister to give public notice of the proposed classification of species. The public notice must invite submissions within 30 days (ref 23).

Members of the public and environmental groups can propose species to be classified or for existing classifications to be varied. The Minister is required to make the reasons for classification available to the public. The Administrator of the Northern Territory may only make the classification in writing (after being satisfied that the public process has been followed) (Ref 24). The classification is available to the public at the office of the Commission.

At Commonwealth level the process for nomination, assessment and listing of threatened species undertaken by the Minister for the Environment and Energy, and the Threatened Species Scientific Committee. The listing and nomination process is summarised below:

  • The Minister for the Environment and Energy invites people to nominate species or ecological communities for inclusion in the list of threatened species (ref 25) or communities (ref 26) and provides the nominations to the Threatened Species Scientific Committee (ref 27).
  • The Threatened Species Scientific Committee prepares a list of species and communities that it thinks should be assessed and gives it to the Minister for the Environment and Energy (ref 28).
  • The Minister for the Environment and Energy finalises the list of items that are to be assessed (ref 29)
  • The Threatened Species Scientific Committee invites public comment about the items on the finalised list (ref 30).
  • The Threatened Species Scientific Committee then assesses the items on the finalised list, and gives the assessments to the Minister for Environment and Energy (ref 31).
  • The Minister for Environment and Energy decides whether an item that has been assessed should be included in the list (ref 32).

References

Ref 1. s29 and s28 Territory Parks and Wildlife Conservation Act
Ref 2. s30(1) Territory Parks and Wildlife Conservation Act
Ref 3. Regulation 3 Territory Parks and Wildlife Conservation Regulations Ref 4. Division 8 Offences, Territory Parks and Wildlife Conservation Act
Ref 5. s43(1)(a) Territory Parks and Wildlife Conservation Act
Ref 6. s43(1)(b) Territory Parks and Wildlife Conservation Act
Ref 7. s9(1) – Definition of wildlife Territory Parks and Wildlife Conservation Act
Ref 8. s9(1) – Definition of animal Territory Parks and Wildlife Conservation Act. Note that the Act refers to protistans and progeny
Ref 9. s45 Territory Parks and Wildlife Conservation Act
Ref 10. s66-67 Territory Parks and Wildlife Conservation Act
Ref 11. s178 Environment Protection and Biodiversity Conservation Act 1999 Ref 12. s18(1) Environment Protection and Biodiversity Conservation Act 1999
Ref 13. s179(1) Environment Protection and Biodiversity Conservation Act 1999
Ref 14. s179(2) E Environment Protection and Biodiversity Conservation Act 1999
Ref 15. s18(2) Environment Protection and Biodiversity Conservation Act 1999
Ref 16. s18(3) Environment Protection and Biodiversity Conservation Act 1999
Ref 17. s18(4) Environment Protection and Biodiversity Conservation Act 1999
Ref 18. s18(5) Environment Protection and Biodiversity Conservation Act 1999
Ref 19. s18(6) Environment Protection and Biodiversity Conservation Act 1999
Ref 20. s209 Environment Protection and Biodiversity Conservation Act 1999
Ref 21. See Booth v Bosworth [2001] FCA 1453, [99].
Ref 22. s523 Environment Protection and Biodiversity Conservation Act 1999
Ref 23. s29 Territory Parks and Wildlife Conservation Act
Ref 24. s29 Territory Parks and Wildlife Conservation Act.
Ref 25. s178 Environment Protection and Biodiversity Conservation Act 1999
Ref 26. s181 Environment Protection and Biodiversity Conservation Act 1999
Ref 27. See sections 194E and 194F Environment Protection and Biodiversity Conservation Act 1999
Ref 28. See sections 194G to 194J Environment Protection and Biodiversity Conservation Act 1999
Ref 29. See sections 194K and 194L Environment Protection and Biodiversity Conservation Act 1999
Ref 30. See section 194M Environment Protection and Biodiversity Conservation Act 1999
Ref 31. See sections 194N and 194P Environment Protection and Biodiversity Conservation Act 1999
Ref 32. s194Q Environment Protection and Biodiversity Conservation Act 1999