EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of CITES Species in accordance with section 303CA
The List of CITES Species, for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), is established under subsection 303CA(1). Under subsection 303CA(3) of the EPBC 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).
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 including species in Appendix III of CITES, it is necessary to amend the List of CITES Species under the EPBC Act.
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.
The purpose of this instrument is to amend the List of CITES Species to incorporate the two amendments to Appendix III appearing in CITES Notification 2011/012.
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 27 April 2011.
The Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) has not sought the views of Commonwealth, State and Territory agencies or stakeholders as the proposed amendments are considered to have minimal impact. Neither of the species being added to Appendix III are believed to be imported into, or exported from, Australia in significant quantities.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will commence on 27 April 2011.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of Australia's biodiversity and the regulation of activities that may have a significant impact on the environment, including international trade in endangered species. The Act aims to align Australia's domestic legislation with international conventions such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The EPBC Act establishes a list of CITES species that must include all species included in Appendices I, II, and III to CITES. The amendment to the List of CITES Species, as detailed in F2011L00622, is necessary to incorporate recent changes to Appendix III of CITES, ensuring consistency and compliance with international obligations.
The amendment to the list, which includes the addition of two species to Appendix III as notified by CITES, is authorised under subsections 303CA(9)(b) and (9)(c) of the EPBC Act. This legislative instrument, issued by the Department of Sustainability, Environment, Water, Population and Communities, will take effect on 27 April 2011, the date these amendments enter into force for Australia. Given that the species in question are not believed to be traded in significant quantities, the amendments are considered to have minimal impact, hence no consultation with stakeholders was deemed necessary.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of CITES Species in accordance with section 303CA applies to the amendment of the list of species regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) within the context of Australian environmental protection and biodiversity conservation. This legislation is pertinent to entities and individuals involved in the importation, exportation, and trade of species listed in CITES Appendices I, II, and III. The Act ensures that Australia's domestic regulations remain consistent with international obligations under CITES. The geographic reach of this Act is national, as it pertains to the Australian jurisdiction in compliance with international agreements. The Act does not specify any exclusions or exemptions but is contingent upon the amendments to CITES Appendices, particularly focusing on Appendix III. The application of this Act may be extended or restricted through subordinate instruments, ensuring alignment with international CITES listings and notifications.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the List of CITES Species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, subsections 303CA(1) and 303CA(3) establish the List of CITES Species, mandating that it includes all species listed in Appendices I, II, and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Subsections 303CA(9)(b) and 303CA(9)(c) empower the Minister to amend the list to ensure it accurately reflects the CITES listings and that any notations align with CITES requirements. The primary purpose of this amendment, detailed in the Explanatory Statement, is to incorporate recent changes to Appendix III of CITES as notified in CITES Notification 2011/012.
The obligations imposed by the Act on the relevant parties are primarily administrative and compliance-focused. The Minister is tasked with ensuring the List of CITES Species is kept up-to-date with the latest CITES listings. This involves reviewing notifications from CITES and making necessary amendments to the List of CITES Species under the EPBC Act. As the Explanatory Statement indicates, the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) has determined that seeking views from other agencies or stakeholders is unnecessary due to the minimal impact of these amendments. Furthermore, as Australia does not intend to lodge a reservation to the amendments, they will enter into force on 27 April 2011, aligning with the CITES timeline.
Regarding potential consequences for breaches, the Explanatory Statement does not explicitly detail offences or penalties within the text provided. However, under the broader framework of the EPBC Act, violations related to the management and protection of listed species could result in civil or criminal penalties. For instance, unauthorised actions affecting listed species might be subject to fines and/or imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in the EPBC Act and any relevant regulations.