EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of CITES Species in accordance with section 303CA
The 14th Conference of the Parties (CoP14) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) agreed to a number of amendments to CITES Appendices I and II. It is necessary to amend the list of CITES species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Additionally, under Article XVI paragraph 1 of CITES, Parties may submit a population of a species under their jurisdiction for inclusion under Appendix III of CITES. Under Article XVI paragraph 3, Parties may also withdraw a population of a species under their jurisdiction included under Appendix III from inclusion under the CITES Appendices. As CITES Notifications have been received both adding and withdrawing species from Appendix III of CITES, it is necessary to amend the list of CITES species under the EPBC Act.
The list of CITES species, for the purposes of the EPBC Act is established under section 303CA. Under subsection 303CA(3) of the EPBC Act, the list must include all species from time to time included on the CITES Appendices. Subsections 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 to Appendix I and II made at the CoP14, held in The Hague, Netherlands from 3-15 June 2007; a clarification of an annotation to Appendix II appearing in Notification 2007/012; and amendments to Appendix III appearing in CITES Notifications 2007/007 and 2007/021.
Under CITES, amendments to Appendices I and II 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 13 September 2007.
The Commonwealth Minister for the Environment and Water Resources, the Hon Malcolm Turnbull MP, wrote to the Chair of the Joint Standing Committee on Treaties (JSCOT) on 10 April 2007 providing details of the proposed amendments to Appendices 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.
Amendments to Appendix III enter into force for all Parties ninety days after the Notification amending the Appendix III listing is distributed to Parties. As Australia does not propose to lodge a reservation to the amendments, the amendments would enter into force for Australia on 13 September 2007.
The Department of the Environment and Water Resources (DEW) sought the views of the relevant Commonwealth, State and Territory agencies, relevant Non Government Organisations (NGOs) and industry groups, and members of the public in relation to listing proposals considered at the 14th Conference of the Parties meeting.
A consolidated list including the current changes will be published on the DEW web site.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will commence on 13 September 2007.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to biodiversity and matters of national environmental significance. The 2007 amendment to this Act was introduced to address the need to update the list of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in accordance with Australia's international obligations. This amendment was necessitated by the decisions made at the 14th Conference of the Parties (CoP14) to CITES, which included changes to the listings in Appendices I and II, as well as amendments to Appendix III. Enacted by the Australian Parliament, this legislative instrument aims to ensure that Australia's domestic laws remain consistent with international commitments to conserve species threatened by trade, without the need for additional reservations or objections. The instrument will take effect from 13 September 2007, aligning with the timeframes set by CITES for the implementation of these amendments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, including individuals, corporations, and government bodies, within Australia and its territories. The Act governs activities that may have significant impacts on matters of national environmental significance, which includes the conservation of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The EPBC Act mandates the inclusion of all species listed in the CITES Appendices into its own list of protected species, ensuring consistency and compliance with international obligations. The Act's jurisdiction extends nationally, with the Commonwealth having primary responsibility for the implementation of CITES in Australia. However, the Act may also intersect with state and territory laws where they pertain to environmental protection and biodiversity conservation. Certain exclusions and exemptions may apply based on specific provisions within the EPBC Act and related regulations, though these are not detailed in the provided text. The application and enforcement of the Act can be further refined through subordinate instruments, which may provide additional clarification or detail on specific implementation aspects.
Key Provisions
The main operative sections of this legislation pertain to the amendments made to the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in accordance with section 303CA of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, sections 303CA(3), 303CA(9)(b), and 303CA(9)(c) establish the requirements for maintaining the list of CITES species under the EPBC Act and provide the Minister with the authority to amend this list to ensure consistency with CITES. This legislation incorporates the amendments to CITES Appendices I and II made at the 14th Conference of the Parties (CoP14) held in The Hague, Netherlands from 3-15 June 2007, a clarification of an annotation to Appendix II appearing in Notification 2007/012, and amendments to Appendix III appearing in CITES Notifications 2007/007 and 2007/021.
The obligations and requirements imposed by this Act on the parties and entities it governs primarily revolve around the need to ensure that the list of CITES species under the EPBC Act remains consistent with the amendments made to CITES Appendices I, II, and III. The Minister for the Environment and Water Resources has the responsibility to amend the list as necessary to reflect the updates made to CITES. Additionally, relevant Commonwealth, State, and Territory agencies, NGOs, industry groups, and the public were consulted regarding the listing proposals considered at CoP14. The updated consolidated list will be published on the Department of the Environment and Water Resources (DEW) website to ensure transparency and accessibility.
There are no specific offences, penalties, or civil/criminal consequences mentioned in this legislation for breach of the requirements. However, failure to comply with the updated list of CITES species under the EPBC Act could potentially lead to legal consequences under other relevant Australian environmental protection and biodiversity conservation laws. The amendments to CITES Appendices I and II enter into force for all Parties ninety days after the CoP at which they were adopted, while amendments to Appendix III enter into force ninety days after the Notification amending the Appendix III listing is distributed to Parties. As Australia does not propose to lodge a reservation to the amendments, they would automatically enter into force for Australia on 13 September 2007.