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 (CITES) 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 CITES. 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 CITES.
Under Resolution Conf. 12.11 (Rev. CoP16), the Conference of Parties to CITES may adopt nomenclature recommendations made by CITES’ Animals Committee and Plants Committee, with regard to species and subspecies listed in the Appendices. Nomenclature recommendations adopted by the Conference of the Parties enter into force for all Parties 90 days after the Conference at which they were adopted.
The 17th Conference of Parties to CITES (CoP17) (South Africa, 24 September to 4 October 2016) adopted numerous nomenclature changes to species listed in Appendices I, II and III. The 16th Conference of the Parties (CoP16) (Thailand, 3-14 March 2013) also adopted several nomenclature changes, not all of which have been incorporated into the List of CITES Species.
CoP16 amendments entered into force for Australia on 12 June 2013. CoP17 amendments entered into force for Australia on 2 January 2017. The purpose of this Instrument is to amend the List of CITES Species for the purposes of the Act consistent with nomenclature changes adopted by CoP16 and CoP17. This Instrument ensures that the list is consistent with international CITES listings. The action is consistent with Australia’s strong commitment to CITES and to international cooperation for the protection and conservation of wildlife more generally.
In addition to the nomenclature amendments adopted at CoP16 and CoP17, the Instrument contains amendments to the annotation for the listing of Dypsis decaryi (feather palm). This annotation was incorrectly reflected in the List of CITES Species and has been amended to ensure consistency with the species’ listing under CITES.
Amending the List of CITES Species for the purposes of the Act as outlined will not have an impact on Australia. The majority of changes relate to the updating of species names already listed under the Act and adding newly identified species that were previously included under different species groupings. This Instrument is considered to be minor or machinery in nature and does not alter existing arrangements. For this reason, consultation was not conducted. As the amendments will not have any regulatory impact on Australia, a Regulatory Impact Statement is not required.
The Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
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 provide for the protection of the environment, including wildlife that may be adversely affected by trade, and to implement Australia’s international environmental responsibilities. The Act was introduced to address the problem of biodiversity loss and to ensure that Australia meets its commitments under international conventions, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act was enacted by the Parliament of Australia and aims to ensure the protection of biodiversity and the sustainable use of natural resources. The legislative instrument in question, F2017L00394, was introduced to amend the List of CITES Species under the Act, reflecting nomenclature changes adopted by the Conference of the Parties to CITES, thereby ensuring consistency with international listings. This amendment serves Australia's policy objective of maintaining its commitment to CITES and to international cooperation for the protection and conservation of wildlife.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection of the environment, including wildlife, and to implementing Australia’s international environmental obligations. Section 303CA of the Act mandates the inclusion of species listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Appendices I, II and III into the Act’s List of CITES Species. The Minister for the Environment and Energy is authorised to amend this list to reflect nomenclature changes adopted by the Conference of the Parties to CITES. The purpose of this legislative instrument is to update the list in accordance with nomenclature changes adopted by the 16th and 17th Conferences of the Parties, ensuring consistency between the Act’s list and international CITES listings. This amendment is intended to be minor and does not impose any new regulatory burdens on Australia, hence consultation was deemed unnecessary. The instrument is compatible with human rights as it does not raise any human rights issues.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes a list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), as specified in Section 303CA. This list, which must encompass all species listed in Appendices I, II, and III of CITES, is subject to amendments by the Minister to ensure consistency with CITES, as outlined in subsections 303CA(9)(b) and (9)(c). The legislative instrument F2017L00394 amends this list in response to nomenclature changes adopted by the 16th (CoP16) and 17th (CoP17) Conferences of the Parties to CITES, ensuring that the list remains aligned with international CITES listings.
The obligations under the Act for parties or entities governed by it primarily involve adherence to the updated list of CITES species. This includes ensuring that any trade in listed species complies with the regulations outlined under the Act, which are in turn based on the species' listings under CITES. For example, entities must obtain appropriate permits for the import, export, or re-export of species listed in Appendices I, II, or III. Additionally, the Act requires that annotations for species listings are accurate and reflect the most current nomenclature as adopted by CITES.
Failure to comply with the requirements of the Act can result in various penalties and consequences. Offences related to the illegal trade of listed species can lead to both civil and criminal penalties. For instance, civil penalties can include fines, with the maximum penalty potentially reaching up to a significant amount, depending on the severity of the offence. Criminal penalties may also apply, where individuals or entities can face imprisonment. The specifics of these penalties are detailed in other sections of the Act, but they underscore the importance of adhering to the updated list and the associated trade regulations. The legislative instrument itself does not specify maximum penalties but refers to the broader framework provided by the Act for such consequences.