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 eight amendments to Appendix III appearing in CITES Notification 2010/018.
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 14 October 2010.
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.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will commence on 14 October 2010.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the biodiversity, and to ensure the sustainable use of natural resources. This Act, along with its legislative instruments, plays a crucial role in addressing the gap in the regulation of international trade in endangered species by incorporating the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) into Australian law. The EPBC Act was enacted by the Parliament of Australia and aims to ensure that the protection of the environment is integrated into decision-making processes at all levels of government. In accordance with the Act, the List of CITES Species is periodically updated to reflect changes in the CITES Appendices, as mandated by the Convention. This legislative instrument, F2010L02689, amends the List of CITES Species to incorporate recent changes to Appendix III of CITES, ensuring that Australia's domestic regulations remain aligned with international obligations and commitments under the Convention.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities that could potentially impact the environment, particularly endangered species and ecological communities. The EPBC Act’s scope extends to any person or entity involved in actions that may affect matters of national environmental significance, including protected species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act operates on a national level, impacting all jurisdictions within Australia. It includes species listed in Appendices I, II, and III of CITES, which are incorporated into the List of CITES Species under the EPBC Act. This amendment process is necessitated by changes in CITES listings, ensuring that the EPBC Act’s regulations remain current and effective. The legislative instrument, F2010L02689, amends the List of CITES Species to incorporate recent changes in Appendix III, reflecting Australia’s commitment to international conservation efforts without proposing reservations to the amendments. The changes will take effect on 14 October 2010, aligning with the timeframe set by CITES for its members.
Key Provisions
The primary operative sections of this legislation are sections 303CA(1), 303CA(3), and 303CA(9) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303CA(1) establishes the List of CITES Species for the purposes of the EPBC Act, while section 303CA(3) requires the list to 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). Section 303CA(9) allows the Minister to amend the list to include all species required to be included under section 303CA(3), and to ensure the notations in the list are consistent with CITES.
The obligations imposed by this legislation primarily concern the Minister's responsibility to amend the List of CITES Species in accordance with the CITES Notification received. Specifically, the Minister must ensure the list includes all species required under section 303CA(3) and maintains consistency with CITES notations. The amendments in question, which involve adding eight species to Appendix III of CITES, will enter into force for Australia on 14 October 2010, given that Australia has not lodged a reservation against the changes.
In terms of breaches and penalties, the legislation does not explicitly state offences, penalties, or civil/criminal consequences for failing to comply with the amendment of the List of CITES Species. However, it is implied that non-compliance could lead to legal consequences under the EPBC Act or international law. Given the critical nature of protecting endangered species, any failure to adhere to the updated list could result in significant legal repercussions, both domestically and internationally, as it pertains to the enforcement of CITES regulations.
Overall, the legislation underscores the importance of aligning Australia's domestic laws with international commitments under CITES, ensuring that the protection of endangered species is maintained and enforced consistently across all jurisdictions involved. This alignment is crucial for the effective management and conservation of threatened species, as well as for upholding Australia's obligations under international treaties.