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 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 several 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 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 2005/029 and 2006/019. The effect also includes the amendment of spelling errors appearing in the current List of CITES Species and to include synonyms of both scientific names and common names of species included in the CITES Appendices.
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 publication of this instrument in the Gazette.
The Department of the Environment and Heritage (DEH) 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 DEH web site.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may have a significant impact on the environment. In line with Australia’s commitments under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Act includes provisions for maintaining a list of CITES species, which is updated to reflect changes in the CITES Appendices. The problem this legislation addresses is the need to regularly update the list of species protected under CITES to ensure compliance with international obligations and to reflect current conservation statuses. Enacted by the Commonwealth Parliament, the policy objective of the Act is to maintain and improve the conservation status of species that are subject to international trade regulations. This is achieved by aligning the national list of CITES species with amendments made by CITES Notifications and correcting any inaccuracies in the existing list.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the management and protection of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) through the List of CITES Species established under Section 303CA. This list is subject to amendments by the Minister for the Environment, who is empowered to correct inaccuracies or update species names, in line with Subsections 303CA(9)(b), (9)(c), and (9)(a) of the EPBC Act. These amendments can also be made by the Minister’s delegate. The amendments to the list are necessitated by notifications received under Articles XVI paragraph 1 and 3 of CITES, which allow parties to add or withdraw species from Appendix III. The geographic reach of these amendments is national, ensuring that Australia's domestic legislation remains consistent with its international commitments under CITES. The amendments incorporate changes from CITES Notifications 2005/029 and 2006/019, correct spelling errors, and include synonyms of scientific and common names of species listed in the CITES Appendices. These amendments are intended to have minimal impact, and the Department of the Environment and Heritage does not seek the views of state and territory governments or stakeholders. The updated list will be published on the DEH website, reflecting Australia’s commitment to the conservation of species threatened with trade.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this amendment are Sections 303CA(3), 303CA(9)(a), 303CA(9)(b), and 303CA(9)(c). Section 303CA(3) requires that the list of CITES species must include all species from time to time included on the CITES Appendices. Under Section 303CA(9)(a), the Minister is empowered to correct inaccuracies or update the names of species. Additionally, Sections 303CA(9)(b) and 303CA(9)(c) allow the Minister to amend the list to ensure its consistency with CITES and to incorporate any changes to the CITES Appendices. These amendments can also be made by the Minister’s delegate.
The obligations and requirements imposed by the Act on parties and entities it governs primarily involve maintaining an up-to-date and accurate list of CITES species. This list must reflect the current status of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Minister, or their delegate, is tasked with ensuring this list is consistent with any amendments to the CITES Appendices and with correcting any inaccuracies in the names or spelling of species. This mandate extends to incorporating synonyms of both scientific and common names to avoid confusion and ensure comprehensive coverage. The amendments made under the authority of these sections are intended to reflect the latest international agreements and correct any errors in the current list.
Failure to comply with the requirements of the EPBC Act regarding the maintenance of the CITES species list may result in various civil or administrative consequences. However, the Explanatory Statement does not detail specific offences or penalties associated with these breaches. It is important to note that while the Explanatory Statement outlines the amendments and their effects, it does not provide explicit information about the consequences of non-compliance beyond the requirement for accuracy and consistency with international agreements. The primary focus is on ensuring that the list accurately reflects the current status of species under CITES, thereby supporting Australia’s commitment to species conservation and international trade regulations.
The amendments made to the list of CITES species under the EPBC Act are intended to ensure that Australia’s national legislation remains in line with international obligations and commitments under CITES. By incorporating changes from CITES Notifications 2005/029 and 2006/019, and correcting spelling errors, the Act aims to maintain a precise and effective regulatory framework. The minimal impact on State and Territory governments or stakeholders, as noted in the Explanatory Statement, suggests that these changes are procedural rather than substantive, designed to streamline and correct existing data rather than introduce new regulatory burdens.