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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to safeguard Australia’s environment, including wildlife affected by trade, and to fulfill the nation’s international environmental responsibilities. This Act was established by the Parliament of Australia and aims to protect biodiversity and manage activities that have, or are likely to have, a significant impact on the environment. A key aspect of this is the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) through the Act. The Explanatory Statement issued by the Minister for Sustainability, Environment, Water, Population and Communities indicates that this legislative instrument amends the list of CITES species under the Act to incorporate the inclusion of 16 species in Appendix III of the Convention. These amendments are necessary to ensure that the list under the Act remains consistent with the international commitments made under CITES, thereby reinforcing Australia’s dedication to wildlife conservation and international cooperation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all individuals, entities, and industries within Australia, ensuring the protection of the environment and wildlife that may be adversely affected by trade, and fulfilling Australia’s international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act extends to all territories and jurisdictions within Australia and is designed to include all species listed in Appendices I, II, and III of the CITES Convention. The Minister for Sustainability, Environment, Water, Population and Communities has the authority to amend the list of protected species in alignment with changes in the CITES Convention, ensuring that the list remains current and consistent with international standards. Notably, this Act does not apply to manufactured products such as furniture or carved items, but rather focuses on raw materials like logs, sawn wood, veneer sheets, and plywood. The legislative instrument, which enacts these amendments, will come into effect the day after its registration on the Federal Register of Legislative Instruments, thereby formalising the inclusion of newly listed species under the EPBC Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as outlined in section 303CA(3). This list must incorporate all species listed in Appendices I, II, and III of the CITES Convention. The Minister has the authority, under sections 303CA(9)(b) and (9)(c), to amend the list to ensure it includes all species required by the Convention and that the notations align with the CITES Convention. The recent amendments to this list, mandated by the Convention's Notification to the Parties 2014/014, include 16 species added to Appendix III, which will become effective in Australia on 24 June 2014.
The obligations imposed by this amendment require that any trade involving the newly listed species must comply with the updated list in the EPBC Act. This means that any export or import of these species must adhere to the requirements set out under the EPBC Act, including obtaining the necessary permits or certificates where required. The Act ensures that Australia fulfils its international obligations under the CITES Convention, and the amendments reflect the latest updates communicated by the Convention's Secretariat.
Breaching the provisions of the EPBC Act, particularly those related to the trade of listed species, can lead to significant penalties. The Act provides for both civil and criminal penalties for violations. For example, individuals or entities found guilty of illegally trading listed species may face substantial fines, with maximum penalties specified in the Act. In addition to financial penalties, individuals may also face imprisonment, reflecting the seriousness of the offence and the importance of environmental protection and compliance with international wildlife trade regulations. The EPBC Act thus enforces strict compliance to protect endangered species and uphold Australia's commitment to international environmental agreements.