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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) 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. In line with this, the Act includes provisions for the maintenance of a list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), known as the List of CITES Species. To ensure that the list remains up to date and consistent with international obligations, the Act allows the Minister for the Environment and Energy to amend the list as necessary. The policy objective behind these amendments is to maintain Australia's commitment to the protection and conservation of wildlife and to foster international cooperation in this regard. This legislative instrument updates the list to include recent changes as communicated by CITES, thereby ensuring compliance with Australia's international commitments and facilitating effective wildlife trade regulation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection of the environment and the implementation of Australia’s international environmental responsibilities, specifically focusing on the regulation of wildlife trade that may adversely affect species. The Act applies to all individuals, entities, and industries involved in the international and interstate trade of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), including those listed in Appendices I, II, and III. The geographical reach of the Act is national, as it pertains to the regulation of trade across state and territory borders, and internationally as it enforces Australia’s commitments under the CITES Convention. The Act allows for amendments to the list of CITES species to be made by subordinate legislation, ensuring the list remains current with international decisions. This legislative instrument specifically updates the list to include Brazilian and Colombian populations of certain freshwater stingrays and the zebra pleco, as well as the orders Myliobatiformes and Nautilida, and the class Cephalopoda. The Act does not specify any exclusions or thresholds for its application, and the amendments are consistent with Australia’s commitment to the CITES Convention and international wildlife conservation efforts.
Key Provisions
The legislative instrument under discussion amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) to update the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (section 303CA). The Act requires that the list includes all species listed in Appendices I, II and III of the Convention (subsection 303CA (3)). This legislative instrument responds to amendments in the Convention by including Brazilian populations of Potamotrygon spp. (freshwater stingray) and all populations of Hypancistrus zebra (zebra pleco) in Appendix III of the Convention, as well as various populations of freshwater stingray species in Colombia (subsection 303CA (9)(b) and (c)). In addition, it incorporates the Order Myliobatiformes, the Class Cephalopoda and the Order Nautilida into the list of CITES species to ensure the list reflects the appropriate classifications for listed species.
The obligations imposed by this Act on parties and entities include strict compliance with the updated list of CITES species. This means that any person involved in the importation, exportation, or trade of these listed species must adhere to the regulations stipulated by the Convention and the Act. The updated list serves to clarify which species are subject to international trade controls, thereby facilitating enforcement and compliance with wildlife protection laws. Additionally, it places a responsibility on Australian authorities to monitor and regulate the trade of these species to prevent illegal activities and ensure conservation efforts are upheld.
Breaching the provisions of the Act can result in significant legal consequences. Offences related to the unauthorised trade of listed species may lead to both criminal and civil penalties. Under the Act, individuals or entities found guilty of contravening the regulations may face substantial fines, with the exact amount determined by the severity of the breach. For corporations, the fines can be particularly severe, reflecting the potential economic impact of non-compliance. Moreover, individuals may also face imprisonment, depending on the nature and extent of the violation. These penalties are designed to deter illegal activities and enforce the importance of environmental protection and adherence to international conservation agreements.