Amendment to the list of migratory species under section 209 of the Environment Protection and Biodiversity Conservation Act 1999 (09/09/2015)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Parliament of Australia to provide for the protection of the environment, including the conservation of biodiversity. One of its key objectives is to protect and conserve migratory species by maintaining a list of such species as required under international conventions, such as the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention). This legislative instrument amends the list of migratory species pursuant to section 209(1)(b) of the Act to reflect changes in the Bonn Convention's Appendices I and II, which occurred following the 11th Conference of the Parties held in Quito, Ecuador, on 9 November 2014. This amendment adds nine species to the list of migratory species under the Act, as Australia is a range state for these species and thus required to list them. The nine species added are Narrow Sawfish, Dwarf Sawfish, Green Sawfish, Largetooth Sawfish, Silky Shark, Reef Manta Ray, Pygmy Devil Ray, Japanese Devil Ray, and Bentfin Devil Ray. This update to the migratory species list was made after extensive consultation with relevant Australian Government and State and Territory agencies, as well as commercial and recreational fishing organisations and environmental non-government organisations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2015L01436, applies to the Commonwealth Government in its role of protecting and conserving migratory species within Australian jurisdiction. This Act requires the maintenance of a list of migratory species which must include all native species included in the appendices to the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention). The instrument amends the list of migratory species to reflect recent changes in the Bonn Convention’s Appendices I and II, following the 11th Conference of the Parties held in Quito, Ecuador. Nine species have been added to this list: Narrow Sawfish, Dwarf Sawfish, Green Sawfish, Largetooth Sawfish, Silky Shark, Reef Manta Ray, Pygmy Devil Ray, Japanese Devil Ray, and Bentfin Devil Ray. This legislative instrument extends the application of the Act by incorporating these newly listed species into the national framework for the protection of migratory species, aligning Australia’s conservation efforts with international commitments. The instrument’s scope is limited to species specified in the Bonn Convention’s amendments, and it commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) mandates that the Commonwealth government protect and conserve migratory species, which includes maintaining a list of these species under section 209(1)(a). Section 209(3)(a) of the Act specifies that this list must incorporate all native species included in the appendices of the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention). The legislative instrument in question amends the list of migratory species under section 209(1)(b) of the Act, aligning it with the updates to Appendices I and II of the Bonn Convention agreed upon at the 11th Conference of the Parties in Quito, Ecuador, on 9 November 2014. Consequently, the list now includes nine species, which are the Narrow Sawfish (Anoxypristis cuspidata), Dwarf Sawfish (Pristis clavata), Green Sawfish (Pristis zijsron), Largetooth Sawfish (Pristis pristis), Silky Shark (Carcharhinus falciformis), Reef Manta Ray (Manta alfredi), Pygmy Devil Ray (Mobula eregoodootenkee), Japanese Devil Ray (Mobula japanica), and Bentfin Devil Ray (Mobula thurstoni). The Act imposes several obligations on the parties and entities it governs, primarily ensuring the protection and conservation of listed migratory species. This includes measures to monitor, manage, and mitigate any threats to these species, both within Australian territory and in areas beyond national jurisdiction. The Act also requires the development and implementation of recovery plans for endangered migratory species. Furthermore, the Act mandates the maintenance of the list of migratory species in accordance with international agreements, such as the Bonn Convention, and requires the government to take action to protect these species from threats such as habitat destruction, pollution, and over-exploitation. Breaching the provisions of the Environment Protection and Biodiversity Conservation Act 1999 can result in significant civil and criminal penalties. For example, knowingly or recklessly taking, harming, or disturbing a migratory species listed under the Act can result in substantial fines and, in some cases, imprisonment. Specifically, under section 319 of the Act, an individual can be fined up to AUD 360,000 or imprisoned for up to three years, or both, for offences related to the protection of threatened species. Additionally, corporations can be fined up to AUD 1.8 million for similar offences. These penalties reflect the seriousness with which the Act treats the protection of migratory species and the importance of compliance with its provisions.