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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the pressing need for comprehensive environmental protection, including safeguarding wildlife that could be impacted by international trade. This Act was introduced by the Australian Parliament to ensure that Australia meets its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The policy objective of this legislation is to align Australia's domestic laws with international standards and commitments for the protection of endangered species. The explanatory statement accompanying the legislative amendment outlines the need to update the list of species protected under the Act to include those recently listed in CITES Appendix III, such as the North African fire salamander and several species of turtles, reflecting Australia's commitment to international cooperation and biodiversity conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to all individuals, corporations, and entities operating within Australia, as well as to any actions or activities that may have a significant impact on matters of national environmental significance. The Act aims to protect the environment, including the wildlife that may be adversely affected by international trade, and to fulfil Australia’s international environmental obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act requires the Minister for the Environment and Energy to maintain a list of species protected under CITES, which includes all species listed in Appendices I, II, and III of the Convention. This legislative instrument amends the list to include the North African fire salamander and four species of turtle, as requested by Algeria and the United States, under Appendix III of CITES. This amendment ensures consistency with the Convention and reflects Australia’s commitment to international wildlife protection and conservation. The instrument does not introduce any significant regulatory impact and is consistent with human rights, as it does not raise any human rights issues. The changes will take effect on the day after the instrument is registered on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislative instrument pertain to amendments to the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as outlined in the Environment Protection and Biodiversity Conservation Act 1999 (section 303CA). Specifically, subsection 303CA(3) mandates that the list must include all species from time to time included in any of Appendices I, II and III to the Convention. The Minister is empowered under subsections 303CA(9)(b) and (9)(c) to amend the list so that it includes all species required to be included under subsection 303CA(3) and to ensure the notations in the list are consistent with the Convention. The current legislative instrument updates this list to include the North African fire salamander (Salamandra algira) and four species of turtle: 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.
The obligations imposed by this Act on parties and entities are primarily concerned with the regulation of trade in the listed species to prevent any adverse effects on their survival. Parties and entities must ensure that any trade in these species complies with the regulations and restrictions set forth in the Convention and the amended list under the Act. This includes adhering to any export and import permits, certificates, and other documentation requirements as stipulated by the Convention and the Act. Additionally, parties and entities must be vigilant in preventing illegal trade and must report any suspected violations to the relevant authorities.
The Act imposes civil and criminal consequences for breaches, which can include substantial fines and imprisonment. For example, under the Environment Protection and Biodiversity Conservation Act 1999, penalties for contravening the Act can include fines of up to $66,600 for individuals and $333,000 for corporations, as well as imprisonment for up to five years. Furthermore, the Act may also permit the seizure and forfeiture of any items involved in the breach, and courts can issue injunctions to prevent further breaches. The exact penalties depend on the severity and nature of the breach, as well as any previous convictions.