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).
The 15th Conference of the Parties (CoP15) to the CITES agreed to a number of amendments to CITES Appendices I and II. It is necessary to amend the List of CITES Species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Additionally, under Article XVI paragraph 1 of CITES, Parties may submit a population of a species under their jurisdiction for inclusion in Appendix III of CITES. Under Article XVI paragraph 3, Parties may also withdraw a population of a species under their jurisdiction included in Appendix III from inclusion in the CITES Appendices. As 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 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 amendments to Appendix I, II and III made at CoP15, held in Doha, Qatar from 13- 25 March 2010 and to make corrections to annotations to two Appendix II listings following CoP14 amendments and one amendment to Appendix III appearing in CITES Notification 2008/027.
Under CITES, amendments to Appendices I and II enter into force for all Parties ninety days after the CoP at which they were adopted. The proposed 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 will automatically enter into force for Australia on 23 June 2010.
The Minister for Environment Protection, Heritage and the Arts wrote to the Chair of the Joint Standing Committee on Treaties (JSCOT) on 11 June 2010 providing details of the proposed amendments to Appendices I and II.
Amendments to Appendix III enter into force for all Parties ninety days after the Notification amending the Appendix III listing is distributed to the Parties. As Australia does not propose to lodge a reservation to the amendments, the amendments would enter into force for Australia on 23 June 2010.
The Department of the Environment, Water, Heritage and the Arts (DEWHA) sought the views of the relevant Commonwealth, State and Territory agencies, relevant Non Government Organisations (NGOs) and industry groups and members of the public in relation to listing proposals considered at the 15th Conference of the Parties meeting.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will commence on 23 June 2010.
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 and heritage, and to ensure that the impacts of proposed actions are properly assessed and managed. The Act was introduced to address the need for comprehensive environmental protection and conservation measures in Australia, particularly in response to international conventions and commitments such as CITES. The EPBC Act is administered by the Australian Parliament, with the policy objective of conserving Australia's biodiversity and heritage, and ensuring sustainable development. This legislative instrument amends the List of CITES Species under the EPBC Act to incorporate changes made at the 15th Conference of the Parties (CoP15) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). These changes include updates to Appendices I, II, and III of CITES, as well as corrections to annotations following amendments from CoP14 and a notification from 2008. The amendments aim to ensure that the List of CITES Species under Australian law remains consistent with international commitments and obligations, thereby supporting global efforts to conserve threatened species and their habitats.
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 all species that are included in Appendices I, II, and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This encompasses various persons, entities, and industries involved in the trade of these species, ensuring compliance with international conservation commitments. The Act's jurisdictional reach is national, applying across Australia in alignment with Australia's obligations under CITES. The amendments to the List of CITES Species reflect changes agreed upon at the 15th Conference of the Parties (CoP15) and subsequent notifications, automatically entering into force for Australia on 23 June 2010. The Act does not specify exclusions or exemptions but may extend or restrict its application through subordinate instruments, ensuring the list remains consistent with CITES requirements.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended through F2010L01731 to update the List of CITES Species in accordance with section 303CA. This legislative instrument, which is a part of the EPBC Act, mandates 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) (subsection 303CA(3)). Specifically, it incorporates the amendments agreed upon at the 15th Conference of the Parties (CoP15) held in Doha, Qatar from 13 to 25 March 2010, and addresses corrections to certain listings from previous amendments.
The operative sections of this legislation, specifically subsections 303CA(9)(b) and (9)(c), empower the Minister to amend the List of CITES Species to ensure it aligns with the latest CITES Appendices. This includes adding or removing species based on decisions made by the Parties to CITES, such as the population of species added to or removed from Appendix III. These changes are essential to maintain consistency with international obligations and to reflect the current status of endangered species globally.
Entities and individuals governed by the EPBC Act are required to adhere to the updated List of CITES Species, which means they must comply with any new regulations or restrictions on the trade of listed species. This includes obtaining necessary permits or licenses for the import, export, or trade of these species, as well as ensuring that any activities involving these species do not contribute to their further endangerment.
Failure to comply with the provisions of the EPBC Act and the updated List of CITES Species can lead to significant legal consequences. Offences under this Act can result in both civil and criminal penalties. For example, unauthorised actions involving listed species can lead to fines and imprisonment. The specific penalties depend on the severity of the breach and are outlined in the EPBC Act, with maximum penalties including substantial fines and imprisonment terms that reflect the seriousness of the environmental harm caused by the breach.