EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of CITES Species in accordance with Section s303CA
Under Article XVI paragraph 1 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Parties may submit a population of a species under their jurisdiction for inclusion under Appendix III of CITES. As several CITES Notifications have been received adding species to Appendix III of CITES, 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 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. Subsection 303CA(9)(a) of the EPBC Act provide that the Minister may correct an inaccuracy or update the name of a species. These amendments may also be made by the Minister’s Delegate.
The effect of this instrument is to amend the list of CITES species to incorporate the amendments to Appendix III appearing in CITES Notifications 2007/038 and 2007/040.
Under CITES, amendments to the Appendices enter into force for all Parties ninety days after the Notification amending the Appendix III listing is distributed to Parties. 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 enter into force for Australia upon the 12 February 2008.
The Department of the Environment, Water, Heritage and the Arts has not sought the views of State and Territory governments or stakeholders as it is considered the amendments will have minimal impact.
A consolidated list including the current changes will be published on the DEWHA web site.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2008L00342, addresses the need to update the list of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) within Australian legislation. Enacted by the Parliament of Australia, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) seeks to ensure that Australia’s domestic laws remain consistent with international obligations under CITES. The policy objective of this amendment is to maintain the integrity of Australia's commitment to the conservation of species threatened by international trade. This legislative instrument enables the Minister for the Environment, through the Department of the Environment, Water, Heritage and the Arts, to update the list of CITES species in the EPBC Act to reflect recent amendments to CITES Appendix III, thereby ensuring that the protections afforded to these species are effectively implemented within Australia.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment concerning the List of CITES Species, made under Section 303CA, applies to all species currently included in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Appendices, specifically incorporating amendments to Appendix III as per CITES Notifications 2007/038 and 2007/040. The amendment is applicable to all entities and individuals engaged in activities involving international trade of listed species within Australia. The Minister for the Environment, through the EPBC Act, is empowered to amend the list to maintain consistency with CITES and to correct inaccuracies or update species names, with these changes entering into force for Australia on 12 February 2008. The geographic reach of this amendment is national, aligning Australia's legislative framework with international conservation efforts under CITES. Any amendments to the list are intended to ensure minimal impact, with no consultation with State and Territory governments or stakeholders deemed necessary by the Department of the Environment, Water, Heritage and the Arts. A consolidated version of the amended list will be made available on the Department's website.
Key Provisions
The primary operative sections of the legislation pertain to the amendment of the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) within the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303CA establishes the list of CITES species, while Subsections 303CA(3), 303CA(9)(b), and 303CA(9)(c) allow for the inclusion of species on the CITES Appendices and provide the authority for the Minister to amend the list to ensure consistency with CITES. Subsection 303CA(9)(a) grants the Minister the power to correct inaccuracies or update species names. These amendments are made pursuant to CITES Notifications 2007/038 and 2007/040, which add species to Appendix III of CITES.
The obligations and requirements imposed by the Act are primarily administrative in nature. The Minister, or their delegate, must ensure that the list of CITES species under the EPBC Act is updated to reflect changes in the CITES Appendices. This involves amending the list to include new species added to Appendix III, correcting any inaccuracies, or updating species names as necessary. The Minister must also ensure that the amended list is published and made available, such as through the Department of the Environment, Water, Heritage and the Arts (DEWHA) website. The amendments are designed to maintain Australia's alignment with international conservation efforts under CITES.
The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of the amendment process itself. However, the EPBC Act may impose penalties for breaches related to the trade or transportation of listed species. Such penalties could include fines and imprisonment, depending on the severity of the breach. The maximum penalties for breaches under the EPBC Act can vary widely, depending on the specific provision breached and the circumstances of the offence. For instance, offences involving the trade of endangered species can attract significant fines and lengthy imprisonment terms, reflecting the seriousness of such activities under Australian law.