EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the list of CITES species for the purposes of the Act
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 or a national population of 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 2016/052 (dated 23 August 2016) advised of the inclusion of the North African fire salamander (Salamandra algira) in Appendix III at the request of Algeria. The United States of America has also requested four species of turtle to be included on Appendix III: the common snapping turtle (Chelydra serpentina), Florida softshell turtle (Apalone ferox), smooth softshell turtle (Apalone mutica) and spiny softshell turtle (Apalone spinifera) (excluding the sub-species already included in Appendix I).
Australia does not propose to lodge a reservation to the 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 Office of Best Practice Regulation, Department of Prime Minister and Cabinet have advised that the impact of amending the list of CITES species for the purposes of the Act consistent with Notification of the Parties 2016/052 as outlined above would be minor and that a Regulatory Impact Statement is not required.
The purpose of this Instrument is to update the list of CITES species for the purposes of the Act to include North African fire salamander, the common snapping turtle, Florida softshell turtle, smooth softshell turtle and spiny softshell turtle (excluding the sub-species already included in Appendix I) on Appendix III to CITES.
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
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.