EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for the Environment)
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 species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the purposes of the Act (the list). 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 CITES. Subsections 303CA (9)(b) and (9)(c) of the 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 XV, paragraph 1 of CITES, Parties may propose amendments to Appendix I or Appendix II at a meeting of the Conference of the Parties (the Conference) to CITES. At the 16th meeting of the Conference (Bangkok, 3-14 March 2013), Parties resolved to list five shark species (great hammerhead shark (Sphyrna mokarran), smooth hammerhead shark (Sphyrna zygaena), scalloped hammerhead shark (Sphyrna lewini), porbeagle shark (Lamna nasus) and oceanic whitetip shark (Carcharhinus longimanus)) and manta rays (Manta spp.) on Appendix II of CITES, with a delayed date of implementation of 14 September 2014.
As Australia does not propose to lodge a reservation to the amendments, the Appendix II amendments will enter into force for Australia on 14 September 2014. As a consequence, it is necessary to amend the list of CITES species under the Act. The purpose of this Instrument is to effect this amendment. The action is consistent with Australia’s commitment to CITES and to international cooperation for the protection and conservation of wildlife more generally.
Exporters and importers of the shark species will be affected to the extent that they will require CITES permits at a current cost of $156 for multiple consignments over a six-month period (or $313 for perishable goods or items obtained on the high seas), or $63 for a single consignment. Shipments without appropriate permits risk rejection by importing countries. There is no commercial take of manta rays in Australian fisheries.
The Office of Best Practice Regulation, Department of Finance and Deregulation, have advised that they consider the proposed amendment of the list CITES species to be machinery-of-government in nature and that a Regulatory Impact Statement is not required. The Joint Standing Committee on Treaties (JSCOT) also considered and supported the amendments through a National Interest Analysis tabled in Parliament on 14 May 2013.
The Department of the Environment has worked with state and territory and Commonwealth fisheries management agencies to ensure a smooth transition to the new requirements. Potential importers and exporters, including processors, have also been notified of the new permit requirements.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument will commence on 14 September 2014.
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, enacted by the Australian Parliament, aims to protect the environment, including wildlife affected by trade, and to fulfil Australia’s international environmental obligations. This Act incorporates the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which is periodically updated to reflect changes made by CITES parties. The policy objective of these amendments is to ensure that Australia complies with international agreements and maintains effective wildlife protection standards. Specifically, the amendments address the recent inclusion of several shark species and manta rays in Appendix II of CITES, which will necessitate updated regulatory requirements for exporters and importers. These changes are intended to facilitate compliance with international trade regulations and support global efforts in wildlife conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all persons, entities, and industries within Australia, with a particular focus on those involved in the trade of wildlife and the implementation of international environmental responsibilities. This Act mandates the protection of the environment, including wildlife that may be adversely affected by trade. Section 303CA of the EPBC Act requires the inclusion of all species listed in Appendices I, II, and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) into the Act's list of CITES species. The Minister has the authority to amend this list to ensure it aligns with CITES requirements, as outlined in subsections 303CA (9)(b) and (9)(c). The geographic and jurisdictional reach of the EPBC Act is national, applying across all states and territories of Australia. The amendment to the list of CITES species under the Act is triggered by the decisions made at the 16th meeting of the Conference of the Parties to CITES, which listed certain shark species and manta rays on Appendix II. The amendment will come into effect on 14 September 2014, aligning with Australia's international obligations under CITES.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Amendment (CITES Species) Instrument 2014 (F2014L01214) pertain to the amendment of the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as stipulated in section 303CA of the Environment Protection and Biodiversity Conservation Act 1999. Specifically, subsections 303CA (3), (9)(b), and (9)(c) of the Act allow the Minister to update the list to include all species from time to time listed in any of the Appendices I, II, and III of CITES and to ensure the notations in the list are consistent with CITES. This amendment follows the resolution of the 16th meeting of the Conference of the Parties to CITES, where it was decided to list several shark species and manta rays on Appendix II, with implementation for Australia effective from 14 September 2014.
The obligations imposed by this legislation primarily concern exporters and importers of the listed shark species, who will now need to acquire CITES permits for their shipments. This requirement is crucial to comply with international trade regulations and to avoid rejection by importing countries. Although there is no commercial take of manta rays in Australian fisheries, the amendment ensures that any future activities involving these species will be regulated appropriately. The Department of the Environment has coordinated with relevant state, territory, and Commonwealth fisheries management agencies to facilitate a smooth transition to the new requirements. Exporters, importers, and processors have also been informed of the updated permit requirements to ensure compliance.
Breach of the new CITES requirements can lead to several civil and criminal consequences. Shipments of listed species without the appropriate CITES permits risk being rejected by importing countries, which could have significant commercial implications for exporters. Under the Environment Protection and Biodiversity Conservation Act 1999, there are provisions for offences related to the illegal trade of endangered species, which may result in substantial penalties. While the Explanatory Statement does not specify the exact penalties for breaches in this context, generally, the Act allows for fines and imprisonment for serious violations. The precise penalties would depend on the nature and extent of the breach, but they are intended to enforce compliance and uphold international conservation efforts.