EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
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 of CITES Species). 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 XVI paragraph 1 of CITES, a Party may at any time include a species which is subject to regulation within its jurisdiction in Appendix III of CITES. Inclusions in Appendix III enter into force for all Parties 90 days after the CITES Secretariat has communicated the amendment. CITES Notification to the Parties 2012/044 dated 27 June 2012 has advised of the inclusion in Appendix III of two shark species:
a) Porbeagle (Lamna nasus) (included by Belgium, Cyprus, Denmark (excluding the dependent territory of Greenland), Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Slovenia, Spain, Sweden and United Kingdom of Great Britain and Northern Ireland), and
b) Scalloped hammerhead (Sphyrna lewini) (included by Costa Rica).
As Australia does not propose to lodge a reservation to the amendments, the amendments would enter into force for Australia on 25 September 2012. As a consequence of this Notification, it is necessary to amend the List of CITES Species under the Act. The purpose of this Instrument is to effect these amendments.
The amendments put into effect by this Instrument are considered to have minimal impact because current fisheries management arrangements already largely incorporate the requirements for regulating the species under CITES. Exporters of these species will be affected to the extent that they will require CITES export permits, but the cost of these is minimal (approximately $75 for a permit valid for multiple use over a six-month period). Shipments without appropriate permits risk rejection by importing countries. The Department of Sustainability, Environment, Water, Population and Communities sought the views of all relevant state/territory and Commonwealth fisheries management agencies, as well as industry and exporter representatives. The Office of Best Regulatory Practice, Department of Finance and Deregulation, have advised that a Regulatory Impact Statement is not required for these amendments.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument will commence on 25 September 2012.
Authority: sections 303CA(9)(b) and (c) of the Environment Protection and Biodiversity Conservation Act 1999.