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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to safeguard the environment, including wildlife impacted by trade, and to fulfil Australia’s international environmental obligations. This legislation addresses the need to align Australia's domestic laws with international agreements, particularly those under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act allows the Minister to amend the list of species protected under CITES to ensure it reflects the latest international listings and notations. This legislative update aims to correct and include species in line with recent changes in CITES Appendix III, thereby ensuring consistency with international standards and commitments. The amendment also rectifies an error in the notation for goldenseal, ensuring the date of its listing aligns with CITES records. This action underscores Australia's dedication to international wildlife conservation efforts and cooperation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection of the environment, including wildlife affected by trade, and Australia’s international environmental responsibilities. The Act mandates the inclusion of species listed in Appendices I, II, and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the national list. The Minister for the Environment has the authority to amend this list to align with CITES and ensure the notations are consistent. This legislative instrument amends the list to include African rosewood in Appendix III, correct the notation for goldenseal, amend the cedar wood species listings, and remove the Muscovy duck from Appendix III. These amendments reflect changes communicated by CITES to the Parties through Notification to the Parties 2016/008. The changes apply to specific parts of the listed species, such as logs, sawn wood, and veneer sheets for cedar wood species, and all parts and derivatives of African rosewood except for certain specified items. The instrument does not apply to manufactured products or items like furniture or carved items. The legislative instrument operates nationally and is consistent with Australia’s commitments to CITES and international wildlife protection efforts.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains several key sections relevant to the amendment of the list of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Section 303CA(3) mandates that the list must include all species in Appendices I, II, and III of the CITES Convention. Subsections 303CA(9)(b) and (9)(c) empower the Minister to amend the list to ensure it reflects the current CITES listings and notations. These sections serve as the foundation for the legislative instrument which updates the list of CITES species in accordance with recent amendments communicated in CITES Notification to the Parties 2016/008.
The Act imposes several obligations on the entities it governs. Firstly, it requires the Minister to regularly review and update the list of CITES species to reflect changes in the CITES Convention. This involves amending the list to include any new species listed in Appendices I, II, or III, and ensuring that the notations accompanying these species are accurate and up-to-date. For instance, the Act mandates the inclusion of African rosewood (Pterocarpus erinaceus) in Appendix III and the removal of the Muscovy duck (Cairina moschata) from the same appendix, as per the requests of Senegal and Honduras respectively. Additionally, the Act requires the Minister to correct any inaccuracies in the list, such as the incorrect date of the first listing of goldenseal (Hydrastis canadensis).
Failure to comply with the requirements of the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal penalties. Specifically, the Act may impose fines and imprisonment for breaches related to the illegal trade of listed species. While the explanatory statement does not provide specific details on the penalties for each breach, it is known that the Act can impose significant fines and imprisonment terms for serious offences. The penalties are designed to enforce compliance with the Act and to uphold Australia's international obligations under the CITES Convention.
The legislative instrument is designed to ensure that Australia’s domestic laws are consistent with its international commitments under the CITES Convention. By updating the list of CITES species, the instrument aims to protect endangered species from overexploitation and illegal trade. This legislative update reflects Australia's commitment to biodiversity conservation and its role in international environmental cooperation. The instrument will take effect the day after it is registered on the Federal Register of Legislative Instruments, ensuring that the updated list is implemented promptly and effectively.