Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance and the conservation of biodiversity. This includes the protection and conservation of listed migratory species. The Act provides for a list of migratory species, which are included in Appendices to international agreements such as the Bonn Convention and the Japan-Australia Migratory Bird Agreement (JAMBA). This legislative instrument updates the names of 14 species in the list pursuant to section 209(6) of the Act to reflect updated taxonomic information in the Annex to the China-Australia Migratory Bird Agreement (CAMBA). The purpose of this update is to ensure that the scientific names of the species listed in the Annex reflect the scientific names currently recognised in Australia and China, without altering the species which are already afforded protection under the CAMBA. The Instrument was developed following consultation with relevant Commonwealth, state and territory agencies, as well as relevant scientific authorities. The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth) and commenced on 30 June 2015.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to any person or entity engaging in activities that impact the environment, particularly matters of national environmental significance, and to the conservation of biodiversity, including the protection and conservation of listed migratory species. The Act operates on a Commonwealth level, with its jurisdictional reach extending to the protection of species that are part of international agreements such as the Bonn Convention, the Japan-Australia Migratory Bird Agreement (JAMBA), and the China-Australia Migratory Bird Agreement (CAMBA). The Act provides for a list of migratory species, which is periodically updated to reflect changes in taxonomic information and scientific names. This legislative instrument amends the names of 14 species on the list to ensure that the scientific names align with current knowledge in Australia and China, without altering the species already protected under the CAMBA. The changes take effect from 30 June 2015, following the necessary diplomatic exchanges between Australia and China. The Act also extends its application through subordinate instruments, which may further define the scope and details of environmental protection and biodiversity conservation efforts.

Key Provisions

The primary operative sections of the legislation pertain to the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Specifically, section 209(1) provides for the list of migratory species, while section 209(6) allows for amendments to this list. The current legislative instrument updates the names of 14 species in the list, aligning them with the latest taxonomic information in the Annex to the China-Australia Migratory Bird Agreement (CAMBA), which is set to take effect from 30 June 2015. These amendments ensure that the scientific names of species listed in the Annex reflect the current scientific nomenclature recognised in Australia and China, without altering the species already protected under the agreement. The obligations and requirements imposed by the Act on the relevant parties and entities are centred around the protection and conservation of migratory species listed in the Act. This includes ensuring that the scientific names of these species are accurately reflected in the legal documents. The Act requires that the Minister for the Environment consults with relevant federal, state, and territory agencies to review and approve any amendments to the list of migratory species. This process ensures that the amendments are scientifically accurate and that there is broad agreement across all levels of government. Furthermore, the Act mandates that these updates be implemented within 90 days of the exchange of diplomatic notes between Australia and China, as stipulated by Article I(2)(c) of the CAMBA. Failure to comply with the provisions of the Act may lead to legal consequences. The legislation does not explicitly outline specific offences or penalties for non-compliance with the amendments. However, general provisions within the Act may apply to breaches of its requirements. These could include fines or imprisonment, depending on the severity of the breach. The Act also provides for civil remedies where there is a failure to comply with its provisions, potentially leading to court-ordered injunctions or other corrective measures to ensure compliance with environmental protection standards. The exact penalties for any breaches would depend on the specific circumstances and the discretion of the court.