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 withdraw a population of a species under their jurisdiction included in Appendix III from inclusion in the CITES Appendices. As a CITES Notification has been received withdrawing a 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 amendment to Appendix III appearing in CITES Notifications 2010/10.
Under CITES, withdrawals from Appendix III enter into force for all Parties thirty days after the Notification amending the Appendix III listing is distributed to Parties. Consequently the amendment will enter into force for Australia on 24 June 2010.
The Department of the Environment, Water, Heritage and the Arts (DEWHA) has not sought the views of Commonwealth, State and Territory agencies or stakeholders as the proposed amendment is 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 24 June 2010.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, amended by the instrument F2010L01735, addresses the need to update the List of CITES Species within the EPBC Act to reflect changes in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legislative amendment was introduced to ensure that the Australian list of protected species remains consistent with international obligations under CITES, specifically following a notification that a species had been withdrawn from Appendix III. The instrument was enacted by the Department of the Environment, Water, Heritage and the Arts (DEWHA) and aims to align Australia's domestic legislation with international commitments, facilitating effective conservation and trade regulations of endangered species. The amendment will come into effect on 24 June 2010, the date on which the change in CITES Appendix III is set to take effect for all parties.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of CITES Species, as outlined in the F2010L01735 explanatory statement, pertains to the regulation of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legislative instrument is designed to ensure that the List of CITES Species within the EPBC Act remains consistent with updates made in CITES Appendices I, II, and III. Specifically, the amendment responds to a notification under CITES that removes a species from Appendix III, and thus it necessitates an update to the List of CITES Species under the EPBC Act. The amendment applies to all entities and individuals subject to the EPBC Act, including those involved in the trade, conservation, and protection of listed species, thereby affecting industries that deal with wildlife and biodiversity. Geographically, the legislation has a national reach, applying across Australia in accordance with the EPBC Act. The amendment will come into force on 24 June 2010, following the notification period under CITES, and no specific exclusions or exemptions are noted in the explanatory statement.
Key Provisions
The operative sections of this legislation, namely subsections 303CA(9)(b) and (9)(c) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), empower the Minister to amend the List of CITES Species. This list must include all species required under subsection 303CA(3) and ensure that the notations in the list are consistent with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The amendment in question is made in response to a CITES Notification withdrawing a species from Appendix III, and it aims to reflect this change in the EPBC Act’s List of CITES Species.
Under this Act, the Minister is obliged to ensure that the List of CITES Species is kept up-to-date with any changes in the CITES Appendices. This includes removing species that have been withdrawn from Appendix III, as per the CITES Notification. The Department of the Environment, Water, Heritage and the Arts (DEWHA) has determined that the amendment has minimal impact and therefore has not sought views from other agencies or stakeholders. The legislative instrument will commence on 24 June 2010, the date on which the withdrawal from Appendix III enters into force for all Parties.
The legislation does not explicitly outline specific offences, penalties, or consequences for breach in this context. However, breaches of the EPBC Act in general can lead to substantial penalties. For example, under section 528 of the EPBC Act, individuals can face fines of up to $66,000 and/or imprisonment for up to five years for offences such as unauthorised actions that impact listed threatened species or communities. Organisations can face even higher penalties, with fines potentially reaching up to $3.3 million. These penalties underscore the importance of complying with the requirements of the Act, including the accurate maintenance of the List of CITES Species.