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 (the Convention) 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 the Convention. 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 the Convention.
Under Article XVI, paragraph 1 of the Convention, Parties may at any time, include a species which is subject to regulation within its jurisdiction in Appendix III of the Convention. Inclusions in Appendix III enter into force for all Parties 90 days after the Convention’s Secretariat has communicated the amendment. The Convention’s Notification to the Parties 2014/014 (dated 26 March 2014) has advised of the inclusion of 16 species in Appendix III.
As Australia does not propose to lodge a reservation to the amendments, the Appendix III amendments will enter into force for Australia on 24 June 2014. As a consequence of the Convention’s Notification to the Parties, it is necessary to amend the list under the Act. The purpose of this Instrument is to effect these amendments.
The action is consistent with Australia’s strong commitment to the Convention and to international cooperation for the protection and conservation of wildlife more generally. The amendments put into effect by this Instrument are also considered to have minimal impact because Australia issues certificates free of charge for the export or import of items, unless the items are being exported from the listing country. If items are exported from the listing country, an import permit will be required at a cost of $63 for a single consignment, or $156 for a multiple use consignment authority (multiple imports over a six month period). These fees are subject to annual indexation in accordance with the Wildlife Trade Permit Cost Recovery under the EPBC Act. Further, the listings of the timbers only apply to logs, sawn wood, veneer sheets or plywood and do not extend to manufactured products such as furniture or other carved items.
The Office of Best Practice Regulation, Department of Prime Minister and Cabinet, have advised that they consider the proposed changes to be minor in nature and that a Regulatory Impact Statement is not required.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument will commence on the day after registration on the Federal Register of Legislative Instruments.
Authority: sections 303CA(9)(b) and (c) of the Environment Protection and Biodiversity Conservation Act 1999.