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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment and wildlife, particularly in the context of international trade, and to ensure Australia meets its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act, enacted by the Parliament of Australia, aims to protect species listed under CITES by incorporating them into Australian law through the Act's list, thereby ensuring that trade in endangered species is controlled and monitored. The legislative instrument F2015L01746 amends the list of CITES species under the Act to include Hydrastis canadensis, also known as Canadian goldenseal, and its derivatives, in response to a 2007 amendment by the CITES Conference of the Parties. This amendment aligns Australia's domestic legislation with international standards, reinforcing Australia's commitment to wildlife conservation and international cooperation. The instrument was developed following advice from the Office of Best Practice Regulation, Department of Prime Minister and Cabinet, which determined that the regulatory impact would be minor, thus no Regulatory Impact Statement was required.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, applies to the protection of the environment, particularly wildlife that may be affected by trade, and to the implementation of Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act applies to individuals, entities, and industries involved in the trade of listed species, ensuring that they comply with the regulations to prevent the adverse impacts of such trade on wildlife. The geographic and jurisdictional reach of the Act is national, as it pertains to the protection of the environment across Australia. The Act extends its application to all species listed in Appendices I, II, and III of the CITES Convention, ensuring consistency with international standards. The amendment to include Hydrastis canadensis and its derivatives in the list under the Act is to align with the recent CITES decision, reflecting Australia's commitment to international environmental responsibilities. The exclusions and exemptions are as per the Convention's listings, and the legislative instrument does not propose any additional reservations or exemptions.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) relevant to this amendment pertain to the listing of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (section 303CA). Specifically, section 303CA(3) mandates that the list must encompass all species listed in any of the Convention's Appendices I, II, and III. Furthermore, section 303CA(9)(b) and (9)(c) authorise the Minister to modify the list to include any species required under section 303CA(3), ensuring the notations align with the Convention. The amendment in question pertains to the species Hydrastis canadensis, which was originally listed on Appendix II of CITES in 1997, but with certain products like roots and rhizomes being exempt. In 2007, the CITES Conference of the Parties decided to include these products in the listing. This legislative instrument aims to incorporate these changes into the Australian list under the Act.
The obligations imposed by the Act on the parties or entities it governs include ensuring compliance with the listing of species under the Convention, particularly in relation to trade that may impact these species. Entities must adhere to the regulations concerning the import, export, and trade of listed species, including Hydrastis canadensis, to prevent illegal activities that could harm wildlife. The Act also mandates that entities must not engage in activities that would facilitate the illegal trade of these species, thereby supporting international efforts to protect endangered wildlife. The obligations extend to accurately reporting any trade activities involving listed species and maintaining records as required by the Act.
The Act imposes penalties and legal consequences for breaches, which can be both civil and criminal in nature. Under section 506 of the Act, individuals or entities found guilty of contravening the Act can be subject to substantial fines. For example, in the case of corporations, the maximum penalty can reach up to $210,000 for each offence, reflecting the seriousness of violations related to endangered species. Additionally, individuals responsible for corporate offences can face personal fines up to $42,000. The Act also provides for imprisonment as a penalty for serious breaches, underscoring the legal framework's commitment to enforcing wildlife protection laws. These measures are designed to deter illegal activities and promote compliance with environmental protection regulations.