Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, with a particular focus on matters of national environmental significance and the conservation of biodiversity, including migratory species. This Act was introduced to address the need for a comprehensive legislative framework that ensures the protection and conservation of the environment and biodiversity, particularly those species protected under international agreements. The Act is administered by the Parliament of Australia, with the policy objective of integrating environmental protection into decision-making processes to prevent significant harm to the environment. In 2016, a legislative instrument was introduced under section 209(6) of the Act to update the list of migratory species protected under the Japan-Australia Migratory Bird Agreement (JAMBA). This update was necessary to reflect the latest taxonomic information and ensure the scientific names of the listed species align with current knowledge in Australia and Japan, without altering the species already protected under JAMBA. The amendments to the scientific names were made following consultations with various Commonwealth, state, and territory agencies, as well as relevant scientific authorities, and were supported by all consulted parties.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and the conservation of biodiversity, with a particular emphasis on matters of national environmental significance and listed migratory species. The Act, which operates on a national level across Australia, ensures the safeguarding of species that are protected under international agreements such as the Bonn Convention and bilateral agreements like the Japan-Australia Migratory Bird Agreement (JAMBA), the China-Australia Migratory Bird Agreement (CAMBA), and the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA). The Act's scope extends to any person or entity engaging in activities that may impact listed migratory species, ensuring compliance with national and international conservation obligations. Subordinate instruments, such as the legislative instrument under section 209(6) of the Act, may further specify or refine the application of the Act, as seen in the update of species names to reflect current taxonomic knowledge without altering the protected status of these species.

Key Provisions

The primary sections of the legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) relate to the updating of the list of migratory species as per section 209(6) of the Act (section 3). This update ensures that the list of migratory species included in the Annex to the Japan-Australia Migratory Bird Agreement (JMBA) reflects the most current scientific names. The legislative instrument specifically modifies the scientific names of six species listed in the Annex to the JAMBA, aligning them with the updated taxonomic information that has been recognised in Australia and Japan (section 4). This change does not affect the protection already afforded to these species under the JAMBA but rather ensures that the scientific nomenclature is consistent with current knowledge (section 4). The Act imposes specific obligations on parties and entities involved in the protection and conservation of biodiversity. Under section 209(1) of the Act, the Minister for the Environment is responsible for maintaining a list of migratory species that are included in the Appendices to the Bonn Convention and in the Annexes to international agreements such as the JAMBA, the China-Australia Migratory Bird Agreement (CAMBA), and the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA). The legislative instrument updates this list to reflect current scientific names (section 209(6)). The Act also requires that the Minister consult with relevant Commonwealth, state, and territory agencies when making such amendments (section 184(1)(b)). Additionally, the Minister must ensure that the list aligns with international agreements and obligations, which involves regular consultation with international partners and scientific authorities. The legislative instrument does not explicitly outline specific offences or penalties for non-compliance within its text. However, broader provisions under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) do outline potential penalties for breaches related to the protection of biodiversity. For example, unauthorised actions that threaten listed migratory species can result in both civil and criminal penalties. Civil penalties can include substantial fines, with the maximum penalty varying depending on the nature and severity of the offence. Criminal penalties can include imprisonment for individuals and fines for corporations, with specific maximum penalties outlined in the Act. It is important for entities and individuals to adhere to the provisions of the Act to avoid these consequences. The legislative instrument ensures that the list of migratory species under the JAMBA is updated to reflect current scientific names, thereby maintaining the integrity and effectiveness of the protection afforded to these species. The obligations placed on the Minister for the Environment and relevant agencies involve ensuring the list is accurate and aligns with international agreements. While the specific penalties for breaches are not detailed within the instrument, the broader Act provides for significant civil and criminal penalties for non-compliance with its provisions.