EXPLANATORY STATEMENT

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

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Instrument under section 209(1)(b)

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment, especially matters of national environmental significance and the conservation of biodiversity, including the protection and conservation of listed migratory species.

Section 209(1) of the Act provides for a list of migratory species (the List) that are included in Appendices to the Bonn Convention, and in the Annexes to the Japan-Australia Migratory Bird Agreement (JAMBA), the China-Australia Migratory Bird Agreement (CAMBA) or other international agreements approved by the Minister (Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA)).

The purpose of this legislative instrument is to amend the list of migratory species pursuant to section 209(1)(b) of the Act so that the list includes all species required to be included under section 209(3)(c), following amendments to the Annex to the ROKAMBA.

At the Consultative Meetings for CAMBA, JAMBA and ROKAMBA in 2012, Australia proposed a number of amendments to all three Annexes to ensure that the lists accurately reflected progress in both taxonomy and knowledge of bird migration since the Agreements entered into force.  Amendments were made to the CAMBA Annex in 2015 and the JAMBA Annex in 2016.

Following these amendments, six species remain that do not meet the migratory species listing criteria set under Article 1(1) of the ROKAMBA.  The six species are:  Shoveler (Northern Shoveler) (Anas clypeata), Common Ringed Plover (Ringed Plover) (Charadrius hiaticula), Little Stint (Calidris minuta), Dunlin (Calidris alpina), Buff-breasted Sandpiper (Tryngites subruficollis), and Great Reed Warbler (Acrocephalus arundinaceus).  These species do not migrate between Australia and the Republic of Korea and, as such, are required to be removed from the migratory species list. 

Their removal will mean that decisions made under Part 9 of the Act (‘Approval of actions’) will be based on an accurate reflection of the current knowledge of migratory birds. In turn this will reduce unnecessary regulatory impact, and contribute to the efficiency and effectiveness of the current regulatory reform process.

The following Commonwealth, state and territory agencies were consulted regarding the recommended amendments to the Annex to the ROKAMBA:

• Australian Government Department of the Prime Minister and Cabinet
• Australian Government Attorney-General’s Department
• Australian Government Department of the Environment and Energy
• Australian Government Department of Foreign Affairs and Trade
• Australian Government Department of Agriculture and Water Resources
• Australian Government Department of Industry, Innovation and Science
• Australian Government Department of Defence
• Department of Primary Industries, Parks, Water and Environment (Tasmania)
• Department of Environment and Primary Industries (Victoria)
• Office of Environment and Heritage (New South Wales)
• Department of Environment and Heritage Protection (Queensland)
• Department of Environment, Water and Natural Resources (South Australia)
• Department of Land Resource Management (Northern Territory)
• Department of Parks and Wildlife (Western Australia)
• Environment and Sustainable Development Directorate (Australian Capital Territory)

In July 2014, the then Minister for the Environment, the Hon Greg Hunt MP, wrote to the Prime Minister and relevant Commonwealth Ministers advising them of the proposed amendments.

Consultation with state and territory representatives from the agencies listed above occurred in 2013 and 2014, through the inter-governmental Wetlands and Waterbirds Taskforce.

No agencies raised any concerns regarding the recommended amendments. Relevant scientific authorities were consulted through Birdlife Australia and Australian universities and were supportive of the amendments.

The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).

The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Authority: section 184(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).