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 CITES Species for the purposes of the Act (the List of CITES Species). 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 on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Subsections 303CA(9)(b) and (9)(c) of the EPBC 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 CITES.
Under Article XVI paragraph 1 of CITES, Parties may include a population of a species under their jurisdiction in Appendix III of the CITES Appendices. As a CITES Notification of the Parties has been received to include species in Appendix III of CITES, it is necessary to amend the List of CITES Species under the Act. The purpose of this Instrument is to amend the List of CITES Species to incorporate the one amendment to Appendix III appearing in CITES Notification to the Parties 2012/002.
The Instrument is considered to have no impact because the species being added to Appendix III is a prohibited live import as it does not appear in the List of Specimens Suitable for Live Import under section 303EB of the Act. It is also not known to be imported or exported as a non-live specimen. Therefore, the Department of Sustainability, Environment, Water, Population and Communities has not sought the views of Commonwealth, State and Territory agencies nor consulted with stakeholders. The Office of Best Regulatory Practice, Department of Finance and Deregulation, have also advised that a Regulatory Impact Statement is not required for these amendments.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Under CITES, inclusions in Appendix III enter into force for all Parties 90 days after the Notification amending the Appendix III listing is distributed to Parties. As Australia does not propose to lodge a reservation to the amendments, the amendments would enter into force for Australia on 3 April 2012.
The Instrument will commence on 3 April 2012.
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 by the Parliament of Australia to safeguard the environment, including wildlife potentially impacted by trade, and to meet Australia's international environmental commitments. In alignment with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Act mandates the maintenance of a list of CITES species, which includes all species listed in Appendices I, II, and III of CITES. The Act empowers the Minister to amend this list to reflect changes in the CITES Appendices. This legislative instrument amends the List of CITES Species in response to a recent CITES notification that includes a species in Appendix III, thereby ensuring the list remains consistent with CITES obligations. The policy objective of this amendment is to uphold Australia's international commitments under CITES and maintain the integrity of the environmental protections provided by the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to any person, entity, or industry within Australia that engages in activities impacting the environment, particularly those involving wildlife that may be affected by trade. The Act extends to the entire Commonwealth of Australia and is intended to implement Australia’s international environmental responsibilities under conventions such as CITES. The Act’s reach includes the listing and regulation of species covered under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which is reflected in the List of CITES Species under Section 303CA of the Act. The Act allows the Minister to amend this list as necessary to ensure consistency with CITES, which includes updating it to reflect any changes in the CITES Appendices. This particular legislative instrument focuses on updating the List of CITES Species to incorporate amendments to Appendix III, as notified by CITES Parties. The instrument does not engage any of the applicable rights or freedoms and is considered compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011. The legislative changes will take effect on 3 April 2012, aligning with the CITES timelines.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains provisions that necessitate the creation of a list of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Specifically, section 303CA of the EPBC Act mandates the inclusion of all species listed in Appendices I, II, and III of CITES in the List of CITES Species. This list is essential for implementing Australia's obligations under international environmental agreements and ensuring the protection of wildlife affected by trade. According to subsection 303CA(3), the list must encompass all species required by CITES, and subsections 303CA(9)(b) and (9)(c) empower the Minister to amend the list as needed to maintain consistency with CITES.
The Act imposes several obligations on the parties or entities it governs. The Minister is tasked with ensuring the List of CITES Species accurately reflects the species included in Appendices I, II, and III of CITES. This involves periodic reviews and amendments to the list to align with any changes made by CITES. Additionally, the Minister must ensure that the notations in the list correspond with those in the CITES Appendices, maintaining consistency in species classification and protection levels. These obligations are critical for upholding Australia's commitments under international environmental agreements and ensuring the effective protection of endangered species.
There are no explicit offences, penalties, or civil or criminal consequences outlined in the Explanatory Statement for breaches of the EPBC Act in relation to the List of CITES Species. However, the Act itself provides a framework for enforcement. For instance, unauthorised trade in listed species can lead to significant penalties, including fines and imprisonment. The EPBC Act includes provisions for the enforcement of its regulations, which can result in substantial fines and, in severe cases, imprisonment for individuals or corporations that contravene the Act. The exact penalties depend on the nature and severity of the breach but can be severe, reflecting the importance of wildlife protection and conservation.
The legislative instrument in question is designed to incorporate an amendment to Appendix III of CITES into the List of CITES Species under the EPBC Act. Given that the species being added is a prohibited live import and is not known to be traded as a non-live specimen, the Department of Sustainability, Environment, Water, Population and Communities has not sought additional stakeholder consultation or prepared a Regulatory Impact Statement. This amendment is expected to have no significant impact, as it aligns with existing restrictions and does not affect the current regulatory framework. The instrument will commence on 3 April 2012, in line with the timeframe stipulated by CITES for the entry into force of amendments to Appendix III.