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). 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, a Party may propose amendments to Appendix I or Appendix II at a meeting of the Conferences of the Parties (the Conference). Amendments generally enter into force for all Parties 90 days after the Conference at which they were adopted, unless a delayed entry is agreed.
The 17th Conference of Parties of the Convention (Conference 17) (South Africa, 24 September to 4 October 2016) agreed to 51 amendments to Appendices I and II. The Convention’s Notification to the Parties 2016/063 (dated 29 November 2016) has advised of the species amendments adopted at Conference 17. Note that three of the amendments have a delayed entry into force to enable implementation issues to be resolved. The delay is six months (4 April 2017) for Mobula rays and 12 months (4 October 2017) for thresher and silky sharks. Schedule 1 of this Instrument outlines the amendments that enter into force on 2 January 2017, Schedule 2 outlines the amendments that enter into force on 4 April 2014 and Schedule 3 outlines the amendments that enter into force on 4 October 2017.
As Australia does not propose to lodge a reservation to the amendments, they will enter into force for Australia on 2 January 2017 (other than for those species for which a delay is agreed). As a consequence of Notification 2016/063, it is necessary to amend the list of CITES species under the Act. The purpose of this Instrument is to effect these amendments.
This Instrument is consistent with Australia’s strong commitment to the Convention and to international cooperation for the protection and conservation of wildlife more generally. The amendments put into effect by this Instrument are considered to have minimal impact for Australia. Australia is not a range state for the majority of the species covered by the listing proposals (that is, they do not occur naturally in Australia). While there are trade implications in particular for the listing of rosewood timber species (used in manufacture of musical instruments, chess sets, and other specialty timber items), thresher sharks and nautilus shells, the impacts are expected to be minor. If the amendments for these traded species were not put in place, Australian businesses would not be able to continue to trade internationally.
Exporters of these species will be affected to the extent that they will require Convention export permits, but the cost of these is minimal (approximately $163 for a permit valid for multiple use over a six-month period). For specimens acquired prior to January 2 2017, a pre-Convention certificate is required and can be obtained from the Department of Environment and Energy free of charge. Shipments without appropriate permits risk seizure by Australian Government Department of Immigration and Border Protection, on behalf of the Department of the Environment and Energy, or rejection or seizure by importing countries.
The Office of Best Practice Regulation, Department of Prime Minister and Cabinet have advised that the impact of amending the list of CITES species for the purposes of the Act consistent with Notification of the Parties 2016/063 as outlined above would be minor. As such, a Regulatory Impact Statement is not required.
The instrument contains amendments additional to those adopted at Conference 17. Amendments include updating the annotation for the listing of Cactaceae spp., which was incorrectly reflected in the list of CITES species for the purposes of the Act, and updating the listing of Crocodylus moreletii to ensure the correct Appendix listing was reflected. These amendments ensure that the list of CITES species for the purposes of the Act is consistent with international CITES listings.
Due to the timing of the circulation of the Notification, the amendments will come into force prior to the completion of the 20 day joint sitting period that the Joint Standing Committee on Treaties (JSCOT) usually requires for consideration of treaty actions. The Minister for the Environment and Energy wrote to the Chair of the JSCOT on 7 November 2016 notifying him of the proposed amendments and advising him that the 20 day sitting period will not be observed before the amendments take effect. A National Interest Analysis of the Conference 17 amendments to Appendices I and II will be tabled in Parliament at the earliest opportunity for consideration by the Committee.
The Department of Environment and Energy sought the views of all relevant state/territories and Commonwealth agencies, non-government organisations, as well as industry and members of the public in relation to listing proposals considered at Conference 17.
The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Schedule 1 of this Instrument will commence on 2 January 2017, Schedule 2 will commence on 4 April 2017 and Schedule 3 will commence on 4 October 2017.
Authority: sections 303CA(9)(b) and (c) of the Environment Protection and Biodiversity Conservation Act 1999.