EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for Environment)
Environment Protection and Biodiversity Conservation Act 1999
Amendment to List of CITES Species
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.
On 18 September 1997, the species Hydrastis canadensis was listed on Appendix II of CITES due to the extensive use of this species in traditional Chinese medicine. A number of products made from the species, including roots and rhizomes, were exempt from the listing. In 2007, the CITES Conference of the Parties agreed to amend the listing of Hydrastis canadensis to include roots and rhizomes in whole, parts and powdered forms.
Australia does not propose to lodge a reservation to the amendment. Implementing this annotation 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, Department of Prime Minister and Cabinet, have advised that the impact of the inclusion of the notation for Hydrastis canadensis in the list for the purposes of the Act would be minor and that a Regulatory Impact Statement is not required.
The purpose of this Instrument is to effect notation amendments for Hydrastis canadensis.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument will commence on the day after registration on the Federal Register of Legislative Instruments.
Authority: sections 303CA(9)(c) of the Environment Protection and Biodiversity Conservation Act 1999.