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 (the Convention) 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. 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 2016/056 (dated 5 October 2016) advised of the inclusion of Brazilian populations of Potamotrygon spp. (freshwater stingray), and all populations of Hypancistrus zebra (zebra pleco) be included in Appendix III to CITES at the request of Brazil. Colombia has also advised that all populations of the following fresh water stingray species are to be included in Appendix III to CITES: Potamotrygon constellata (thorny river stingray), Potamotrygon magdalenae (magdalena river stingray), Potamotrygon motoro (ocellate river stingray), Potamotrygon orbignyi (smooth-back river stingray), Potamotrygon schroederi (rosette river stingray), Potamotrygon scobina (arraia river stingray, raspy river stingray), Potamotrygon yepezi (maracaibo river stingray) and Paratrygon aiereba (discus river stingray).
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 have advised that these amendments will have minor regulatory impacts.
In addition to the Appendix III amendments outlined in Notification to the Parties 2016/056, this Instrument gives effect to the addition of the Order Myliobatiformes, the Class Cephalopoda and the Order Nautilida in the List of CITES Species. Species in these orders/classes were included in the Appendices at the 17th Conference of the Parties to CITES, however the orders/classes were not included in the legislative instrument that gave effect to the amendments adopted at the 17th Conference. Inclusion of these orders/classes ensures the List of CITES Species contains the appropriate classifications for listed species.
The purpose of this Instrument is to update the list of CITES species for the purposes of the Act to include the abovementioned amendments.
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.