EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for the Environment)
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 provides that the Minister must, by legislative instrument, establish 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. 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 (c) of the Act together 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, submit to the Secretariat, a list of species which has been identified as being subject to regulation within its jurisdiction for the purposes of Article II, paragraph 3 of the Convention. Each list submitted under Article XVI, paragraph XVI of the Convention shall be communicated to the Parties as soon as possible after receiving it and the list shall take effect as part of the Appendix III 90 days after the date of communication.
The Convention’s Notification to the Parties 2020/068 (dated 16 November 2020) advised that Japan and Sri Lanka requested the Secretariat to include in Appendix III species.
Japan requested that the following six species of geckos be included in Appendix III of CITES: Goniurosaurus kuroiwae (Kuroiwa’s ground gecko), Goniurosaurus orientalis (Spotted ground gecko), Goniurosaurus sengokui (Sengoku’s gecko), Goniurosaurus splendens (Banded ground gecko), Goniurosaurus toyamai (Iheja ground gecko), Goniurosaurus yamashinae (Yamashina’s ground gecko) and one species of salamander, Echinotriton andersoni (Anderson’s crocodile newt). Inclusion for these species excludes parts and derivatives, other than eggs.
Sri Lanka requested that the following seven species of iguanian lizards be included in Appendix III to CITES: Calotes ceylonensis (Painted-lipped lizard), Calotes desilvai (Morningside lizard), Calotes liocephalus (Spineless forest lizard), Calotes liolepis (Crestless lizard), Calotes manamendrai (Manamendra-Arachchi’s whistling lizard), Calotes nigrilabris (Black-cheek lizard) and Calotes pethiyagodai (Pethiyagoda’s crestless lizard).
Australia does not propose to enter 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 (ID 43342).
The purpose of this legislative instrument is to update the list of CITES species for the purposes of the Act to include the abovementioned amendments.
The updates to the list of CITES species 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 legislative instrument are considered to have no impact for Australia. No consultation occurred because Australia is not a range state for any of the species covered by the listing request (that is, they do not occur naturally in Australia). Further, the species cannot be legally imported to Australia under the Act.
The update to the CITES list is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Section 42 of the Legislation Act 2003 (disallowance of legislative instruments) does not apply (see Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 15).
The legislative instrument is to commence on 14 February 2021 to align with the Notification to the Parties 2020/068.
Authority: Subsections 303CA(9)(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 by the Australian Parliament to safeguard the environment and manage wildlife affected by international trade, in line with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act ensures that Australia adheres to international standards for wildlife conservation by incorporating species listed in CITES' Appendices I, II, and III into national legislation. The policy objective of the Act is to facilitate international cooperation in protecting endangered species and to maintain biodiversity. The legislative instrument issued under the Act amends the list of CITES species to include new entries from Japan and Sri Lanka, reflecting Australia's commitment to the Convention and its dedication to global wildlife conservation efforts. This amendment, which has minor regulatory impacts, was introduced to update the national list in accordance with recent CITES listings, ensuring that Australia's domestic laws remain consistent with international conservation directives.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including wildlife that may be adversely affected by trade, and the implementation of Australia’s international environmental responsibilities. This legislation applies to all individuals, entities, and industries involved in the trade of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which Australia has ratified. The geographic reach of the EPBC Act is national, as it applies across all states and territories of Australia, and is intended to comply with Australia’s international obligations under the CITES Convention. Section 303CA of the EPBC Act mandates the Minister for the Environment to establish and maintain a list of species included in Appendices I, II, and III of the CITES Convention, which this legislative instrument updates to include specific species of geckos and lizards from Japan and Sri Lanka, in line with their recent submissions to the CITES Secretariat. The amendments are effective as of 14 February 2021 and are intended to ensure consistency with Australia's commitments under the Convention, although they do not impact Australia directly as none of the listed species naturally occur in Australia or can be legally imported under the Act.
Key Provisions
The primary operative sections of the legislative instrument are found in the Environment Protection and Biodiversity Conservation Act 1999 (the Act), particularly Section 303CA, which mandates the Minister to establish 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. Under Section 303CA(3), this list must encompass all species included in Appendices I, II, and III of the Convention. Moreover, Sections 303CA(9)(b) and (c) empower the Minister to amend this list as necessary, ensuring it includes all required species and that the notations align with the Convention. This legislative instrument amends the list to include species from Japan and Sri Lanka as per their requests submitted to the CITES Secretariat.
The obligations imposed by this Act on the relevant parties include the requirement for the Minister to update the list of CITES species as per the Convention's regulations. Specifically, under Article XVI, paragraph 1 of the Convention, Parties can submit lists of species to the Secretariat for regulatory purposes. The Minister must ensure that the list in the Act remains consistent with these submissions and includes all necessary species as per the Convention. Additionally, the Act ensures that the list is kept current, reflecting any amendments or new inclusions under the Convention.
In terms of legal consequences, breaches of the provisions outlined in the Act could lead to both civil and criminal penalties. While the specific offences, penalties, or consequences for breach are not detailed in the Explanatory Statement, it is known that the Act provides for substantial penalties under various sections. For example, the Act includes provisions for fines and imprisonment for offences related to the illegal trade of listed species. These penalties can vary significantly depending on the severity of the breach and the specific section of the Act that is contravened. It is important for parties governed by the Act to be fully aware of these potential consequences to ensure compliance.