EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
Environment Protection and Biodiversity Conservation Act 1999
Amendment to List of CITES Species
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment, including wildlife that may be adversely affected by trade, and the implementation of Australia’s international environmental responsibilities.
Section 303CA of the Act provides for a list of CITES Species for the purposes of the Act (the List of CITES Species). Under subsection 303CA(3) of the Act, the list must include all species from time to time included in any of Appendices I, II and III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Subsections 303CA(9)(b) and (9)(c) of the EPBC Act provide that the Minister may amend the list, as necessary, so that it includes all species required to be included in the list under subsection 303CA(3) and so that the notations in the list are consistent with CITES.
Under Article XVI paragraph 1 of CITES, Parties may include a population of a species under their jurisdiction in Appendix III of the CITES Appendices. As a CITES Notification has been received to include species in Appendix III of CITES, it is necessary to amend the List of CITES Species under the Act. The purpose of this Instrument is to amend the List of CITES Species to incorporate the 111 amendments to Appendix III appearing in CITES Notification 2011/039.
The Instrument is considered to have minimal impact because the species being added to Appendix III are not believed to be imported into, or exported from Australia in significant quantities. Therefore, the Department of Sustainability, Environment, Water, Population and Communities has not sought the views of Commonwealth, State and Territory agencies nor consulted with stakeholders. The Office of Best Regulatory Practice, Department of Finance and Deregulation, have also advised that a Regulatory Impact Statement is not required for these amendments.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Under CITES, inclusions in Appendix III enter into force for all Parties 90 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 22 December 2011.
The Instrument will commence on 22 December 2011.
Authority: sections 303CA(9)(b) and (c) of the Environment Protection and Biodiversity Conservation Act 1999.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to safeguard the environment, including wildlife that may be adversely affected by trade, and to fulfil Australia’s international environmental commitments. This Act provides a framework for the protection of biodiversity and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). One of its key provisions is the maintenance of a List of CITES Species, which includes all species listed in Appendices I, II, and III of CITES. The policy objective behind this Act is to ensure that Australia’s environmental protections align with international standards and to mitigate the impacts of trade on endangered species. The legislative instrument issued under this Act amends the List of CITES Species to incorporate recent changes to Appendix III of CITES, ensuring that Australia’s legal framework remains current and effective in protecting species that are subject to international trade regulations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment and wildlife, including those species that may be adversely affected by trade, and to fulfilling Australia’s obligations under international environmental agreements such as CITES. Section 303CA of the Act establishes the List of CITES Species, which must include all species listed in Appendices I, II, and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The Minister for Sustainability, Environment, Water, Population and Communities has the authority under subsections 303CA(9)(b) and (9)(c) of the Act to amend this list to ensure it aligns with CITES requirements. This particular legislative instrument amends the List of CITES Species to incorporate 111 amendments to Appendix III, as notified by CITES Notification 2011/039. Given that the species involved are not believed to be traded in significant quantities, no consultation with stakeholders or Commonwealth, State, and Territory agencies was deemed necessary, and a Regulatory Impact Statement was not required. The amendments will come into effect on 22 December 2011, aligning with the international implementation date.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) that are relevant to this amendment are sections 303CA(3), 303CA(9)(b), and 303CA(9)(c). Section 303CA(3) mandates that the List of CITES Species under the Act must include all species listed in Appendices I, II, and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Additionally, subsections 303CA(9)(b) and 303CA(9)(c) empower the Minister to amend the List of CITES Species to ensure it includes all species required and maintains consistency with CITES. This amendment seeks to incorporate 111 updates to Appendix III, as communicated in CITES Notification 2011/039.
The Act imposes several obligations on the parties and entities it governs. Firstly, entities involved in the import or export of species listed in the amended List of CITES Species must comply with the regulations set out in the Act and CITES. This includes ensuring that trade in these species is legal and sustainable, which may involve obtaining necessary permits or certificates. Additionally, entities must adhere to any specific conditions or restrictions applicable to the species in question, as stipulated by CITES and the Act.
Breaches of the provisions outlined in the Act can result in various offences and penalties. For instance, unauthorised trade in CITES-listed species can lead to both criminal and civil penalties. Under the Act, individuals or entities found guilty of contravening the Act can be subject to fines, with the maximum penalty for an individual being up to $1.1 million and for a body corporate, up to $5.5 million. Furthermore, imprisonment terms can be imposed, with individuals potentially facing up to 10 years in prison for serious offences. The severity of penalties reflects the importance of enforcing the Act's provisions to protect endangered species and ensure compliance with international environmental commitments.