EXPLANATORY STATEMENT

(Issued under the Authority of the Minister for the Environment)

Environment Protection and Biodiversity Conservation Act 1999

Amendment to the list of migratory species established under section 209 of the Environment Protection and Biodiversity Conservation Act 1999

Background

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of migratory species.

Subsection 209(1) of the Act provides that the Minister must establish a list of migratory species (the List). The List was established on 13 July 2000 and is called the Declaration under s209 of the Environment Protection and Biodiversity Conservation Act 1999 – List of Migratory Species (13/09/2000).

Subsection 209(3) provides for the inclusion of certain species in the list.  In particular, paragraph 209(3)(a) of the Act requires that the list of migratory species include all native species that are from time to time included in the Appendices to the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention).

Paragraph 209(1)(b) of the Act provides that the Minister must, by legislative instrument, amend the List, as necessary, to include all species required to be included in the List under subsection 209(3).

Purpose of the instrument

The purpose of this instrument is to amend the List by:

• including Carcharhinus longimanus and
• removing Danaus plexippus.

Consultation

Amendments to Appendix I and II of the Bonn Convention were agreed at the 13th Conference of the Parties in Gandhinagar, India on 22 February 2020. The Oceanic White-tip Shark (Carcharhinus longimanus) was added to Appendix I. Australia is a range state for this species, and it is thus added to the List.

The former Australian Government Department of the Environment and Energy (the Department) undertook extensive consultation regarding the proposed listing (commencing in September 2019) with relevant Commonwealth departments, State and Territory environment and primary industries counterpart agencies, environmental non-government organisations (NGOs) and commercial and recreational fishing stakeholders, including:

• Department of Agriculture and Water Resources;
• Australian Fisheries Management Authority;
• Department of Foreign Affairs and Trade;
• The Attorney-General’s Department;
• Department of Agriculture and Fisheries (Queensland);
• Department of Environment and Heritage Protection (Queensland);
• Office of Environment and Heritage (New South Wales);
• Department of Primary Industries (New South Wales);
• Victorian Fisheries Authority;
• Department of Environment, Land, Water and Planning (Victoria);
• Department of Primary Industries, Parks, Water and Environment (Tasmania);
• Department of Environment, Water and Natural Resources (South Australia);
• Department of Primary Industries and Regions (South Australia);
• Department of Biodiversity, Conservation and Attractions (Western Australia);
• Department of Primary Industries and Regional Development (Western Australia);
• Department of Primary Industry and Resources (Northern Territory);
• Commonwealth Fisheries Association;
• Game Fishing Association of Australia;
• Recfish Australia;
• Australian National Sportfishing Association;
• Australian Recreational Fishing Foundation (ARFF);
• Victorian Recreational Fishing Peak Body (VRFish);
• Tasmanian Association for Recreational Fishing (TARFish);
• Tuna Australia;
• National Seafood Industry Alliance;
• Seafood Industry Australia;
• Western Australia Fishing Industry Council;
• Northern Territory Seafood Council;
• Seafood Industry Victoria;
• Cairns Marine;
• Atlantis Fishery Consulting Group;
• Wild Migration;
• Humane Society International;
• Australian Marine Conservation Society;
• Whales Alive;
• World Wide Fund for Nature;
• International Fund for Animal Welfare;
• Wilderness Society;
• BirdLife Australia;
• Whale and Dolphin Conservation Society;
• TRAFFIC; and
• Born Free Foundation.

Broad support for the inclusion of the Oceanic White-tip Shark was received from those organisations and management agencies that responded. It was recognized that the Oceanic White-tip Shark is subject to a retention prohibition in Commonwealth fisheries which is consistent with the management measures currently in place in many Regional Fisheries Management Organisations.

The Wanderer Butterfly (Danaus plexippus) was included on the List shortly after commencement of the Act. Paragraph 209(3)(a) of the Act requires that the list of migratory species include only native species that are included on the Appendices to the Bonn Convention. The Wanderer Butterfly is an introduced species to Australia, and is therefore ineligible to be included in the list of migratory species. While the butterfly is included in Appendix II of the Bonn Convention as the species undertakes extensive north-south migrations in the Americas, in Australia the species does not migrate and the Bonn Convention does not recognise Australia as being a range state for the migratory butterfly.  Therefore, the Wanderer Butterfly is removed from the List.

Removal from the List means that the Wanderer Butterfly will no longer be protected as a migratory species under the Act, and any proposed action that may have an impact on the Wanderer Butterfly will not need to be referred to the Minister for the Environment for assessment.

This Instrument is a legislative instrument for the purposes of the Legislation Act 2003. Under subsection 209(7) of the Act, section 42 (disallowance) of the Legislation Act 2003 does not apply.

The Instrument commences the day after registration.

Authority: paragraph 209(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999.