EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for the Environment)
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 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)(a), (9)(b) and (9)(c) of the Act provide that the Minister may amend the list, as necessary to: correct an inaccuracy or update the name of a species; ensure that the list includes all species required to be included in the list; and ensure that the notations in the list are consistent with the Convention.
The majority of amendments outlined in this instrument correct the taxonomic name of species which have been reclassified due to new scientific information. Changes include assigning the species in the appropriate taxonomic grouping i.e. class, order or family. Other amendments:
- correct the notation for a species where the Convention has agreed to impose limits for items eligible for personal and household effects exemptions
- amend the notation of an Appendix III species where there has been an error in the way the species was included on the list, and
- add a taxon that is listed under the Convention but was not included in, or removed from, the list due to an administrative error.
The purpose of this instrument is to effect these amendments.
The amendments put into effect by this instrument are considered to have minimal impact on industry as the species are either already regulated, or there is very limited, or no, trade in these species.
The Office of Best Practice Regulation, Department of Finance and Deregulation, has advised that the proposed changes are minor in nature and that a Regulatory Impact Statement is not required for these amendments.
The Department of the Environment did not seek the views of other stakeholders, as the changes are machinery in nature, and state/territory and Commonwealth agencies previously agreed to amendments when they were originally adopted.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Authority: sections 303CA (9) (a), (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 provide for the protection of the environment and biodiversity, including wildlife that may be adversely affected by trade, and to implement Australia’s international environmental responsibilities, particularly under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act includes provisions for maintaining a list of species under CITES, ensuring Australia's compliance with international obligations. In response to new scientific information and administrative errors, the Act allows for amendments to this list to correct inaccuracies, update species names, and ensure notations are consistent with the Convention. These amendments are intended to have minimal impact on industry, as they mostly concern species that are already regulated or have limited trade. The legislative instrument implementing these amendments was issued by the Minister for the Environment and commenced on the day after its registration on the Federal Register of Legislative Instruments, authorised under sections 303CA (9)(a), (b) and (c) of the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to a broad range of entities and persons involved in activities that may affect the environment, including wildlife, and seeks to uphold Australia’s international environmental responsibilities. Specifically, the Act mandates the protection of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), with amendments to the list of such species made pursuant to section 303CA of the Act. This list must include all species included in Appendices I, II, and III of the CITES Convention, and the Minister is empowered to make necessary amendments to correct inaccuracies, update species names, and ensure consistency with CITES notations. The Act applies nationally, thereby extending its jurisdiction across all states and territories of Australia, as well as to entities and individuals engaged in activities that may impact listed species. The amendments effected by this instrument are primarily taxonomic corrections and notation updates, with minimal impact on industry as they pertain to species already regulated or those with limited or no trade. The legislative instrument, which commenced on the day after its registration on the Federal Register of Legislative Instruments, serves to implement these amendments without the requirement of a Regulatory Impact Statement, as deemed minor by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of this legislative instrument are sections 303CA (9)(a), (9)(b) and (9)(c) of the Environment Protection and Biodiversity Conservation Act 1999. Section 303CA (3) mandates that the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora must include all species from time to time included in any of Appendices I, II, and III to the Convention. Under subsection 303CA (9), the Minister may amend the list to correct inaccuracies, update species names, ensure the list includes all required species, and ensure notations are consistent with the Convention. These sections empower the Minister to make necessary amendments to the list as required by international obligations and scientific developments.
The obligations imposed by the Act on the parties or entities it governs include compliance with the updated list of species under the CITES, which now reflects the latest taxonomic classifications and notations. Entities involved in the trade of these species must ensure they adhere to the amended list, including correctly identifying species and complying with any trade restrictions imposed by the Convention. This necessitates keeping abreast of any amendments to the list and ensuring that any trade activities align with the updated legal requirements.
Breaches of the amended list and associated trade regulations can lead to various civil and criminal consequences. Under the Act, non-compliance with the CITES provisions can result in significant penalties, including fines and imprisonment. For example, section 307 of the Act stipulates that a person who contravenes a prohibition or requirement under the Act is liable to a fine not exceeding 500 penalty units or imprisonment for a term not exceeding five years, or both. These penalties underscore the importance of adhering to the updated list and associated trade regulations to avoid legal repercussions.