EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for the Environment)
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 2016/008 (dated 9 February 2016) advised of the amendment to the Appendix III listing of two cedar wood species (Cedrela fissilis and Cedrela lilloi). The amendment alters existing Appendix III permitting requirements for Brazilian populations of the species. The listing applies to logs, sawn wood and veneer sheets and does not extend to manufactured products such as furniture or other carved items. The Notification advised that African rosewood (Pterocarpus erinaceus) has also been included in Appendix III at the request of Senegal. The listing applies to all parts and derivatives except; seeds, spores and pollen (including pollinia); seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; cut flowers of artificially propagated plants; and fruits, and parts and derivatives thereof, of artificially propagated plants of the genus Vanilla. The Notification also advised of the removal of the Muscovy duck (Cairina moschata) from Appendix III at the request of Honduras.
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 to the Parties 2016/008 as outlined above would be minor and that a Regulatory Impact Statement is not required.
Goldenseal (Hydrastis canadensis) was listed on Appendix II of CITES on 18 September 1997 due to the extensive use of this species in traditional Chinese medicine. In 2007, the CITES Conference of the Parties agreed to amend the notation to the goldenseal listing to include roots and rhizomes in whole, parts and powdered forms. Pursuant to subsection 3030CA(9)(c), the list of CITES species for the purpose of the Act was amended to include the new notation. The amendment included an incorrect date of the first listing of the species. To ensure that the notation in the list of CITES species for the purposes of the Act is consistent with the Convention, the date of the first listing of the species must be amended to reflect the original listing date of 18 September 1997.
The purpose of this Instrument is to update the list of CITES species for the purposes of the Act to amend the notations for goldenseal and the two species of cedar wood, include African rosewood in Appendix III to the Convention, and remove the Muscovy duck from Appendix III to the Convention.
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 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.