EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of CITES Species in accordance with Section s303CA
The 13th Conference of the Parties (CoP13) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) agreed to a number of amendments to the CITES Appendices. It is necessary to amend the list of CITES species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The list of CITES species for the purposes of the EPBC Act established under section 303CA. Under sub-section 303CA(3) of the EPBC Act, the list must include all species from time to time included on the CITES Appendices. Sub-sections 303CA(9)(b) and (9)(c) of the EPBC Act provide that the Minister may amend the list to ensure that it remains consistent with CITES.
The effect of this instrument is to amend the list of CITES species to incorporate the amendments adopted at the CoP13 to CITES, held in Bangkok, Thailand from 2 – 14 October 2004.
Under CITES, amendments to the Appendices enter into force for all Parties ninety days after the CoP at which they were adopted. The amendments are consistent with Australia’s commitment to the conservation of species threatened with trade. As Australia does not propose to lodge a reservation to the amendments, the amendments would automatically enter into force for Australia on 12 January 2004
The then Commonwealth Minister for the Environment and Heritage, the Hon. Dr David Kemp MP, wrote to the Chair of the Joint Standing Committee on Treaties (JSCOT) on 1 June 2004 providing details of the proposed amendments to Appendixes I and II. The CITES default mechanism for amendments to CITES Appendices means that they enter into force before being tabled in the Australian parliament.
The Department of the Environment and Heritage (DEH) sought the views of the relevant Commonwealth, State and Territory agencies, and relevant Non Government Organisations (NGOs) and industry groups, in relation to listing proposals to be considered at the 13th Conference of the Parties meeting in October 2004. Letters and comments were sought from a diverse range of stakeholders.
A consolidated list including the changes from CoP13 will be published on the DEH web site.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect Australia's biodiversity and environment from the impacts of significant actions. The Act was introduced by the Australian Parliament to align with international commitments, particularly the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The explanatory statement for F2005L00011 indicates that this legislative instrument amends the list of CITES species under the EPBC Act to reflect changes adopted at the 13th Conference of the Parties (CoP13) to CITES. This amendment ensures that Australia's domestic legislation remains consistent with international obligations concerning the conservation of endangered species. The policy objective is to maintain Australia's commitment to the conservation of species threatened with extinction due to international trade, facilitating the enforcement of CITES provisions domestically.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended to align the list of CITES species with the decisions made at the 13th Conference of the Parties (CoP13) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legislation applies to all persons, entities, and industries involved in the trade of species listed under CITES, ensuring compliance with international standards for the conservation of threatened species. The geographic reach of this amendment extends nationally across Australia, ensuring uniformity in the enforcement of these conservation measures. The amendment incorporates all species from the CITES Appendices as per sub-section 303CA(3) of the EPBC Act, with the Minister having the authority under sub-sections 303CA(9)(b) and (9)(c) to update the list to reflect any changes adopted by CITES. There are no specific exclusions or thresholds mentioned in the legislation, but it does indicate that amendments to the CITES Appendices will enter into force for Australia ninety days after the conference, aligning with the default mechanism of CITES. This amendment is effective as of 12 January 2004, and the Department of the Environment and Heritage will publish the consolidated list of changes on their website.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a list of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as established under section 303CA. This list is dynamic and must be updated to reflect changes in the CITES Appendices. Specifically, subsection 303CA(3) mandates that the list includes all species listed in the CITES Appendices, while subsections 303CA(9)(b) and (9)(c) empower the Minister to amend the list to maintain consistency with CITES.
The main obligation of the Act, as outlined in these sections, is to ensure that the list of protected species under the EPBC Act remains current and aligned with the international standards set by CITES. This involves periodic reviews and updates to the list to incorporate any amendments adopted by the Conference of the Parties (CoP) to CITES. In practice, this means that whenever the CITES Appendices are amended, the Australian government must update the EPBC Act list to reflect these changes. This obligation is crucial for maintaining Australia's commitment to the global conservation of endangered species.
Failure to comply with the requirements of the EPBC Act in updating the list of CITES species could lead to legal consequences. Although the explanatory statement does not specify particular offences or penalties, breaches of the EPBC Act generally could result in civil or criminal penalties. For instance, the EPBC Act includes provisions for fines and imprisonment for serious breaches. The exact penalties would depend on the specific nature and severity of the breach, but they can include substantial fines for corporations and imprisonment for individuals responsible for non-compliance.
The Act aims to ensure that Australia’s domestic legislation is in harmony with international conservation efforts, thereby protecting threatened species from illegal trade and exploitation. By aligning the list of CITES species under the EPBC Act with the international standards set by CITES, the legislation reinforces Australia’s role in global biodiversity conservation. This alignment helps in enforcing consistent protections across jurisdictions and supports international agreements aimed at preserving endangered species.