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).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Australian Parliament to protect the environment, particularly matters of national environmental significance and biodiversity, including the conservation of listed migratory species. This Act, overseen by the Minister for the Environment and Energy, aims to safeguard Australia's natural heritage by ensuring that species of national and international significance are protected. The Act includes provisions to manage actions that may impact listed migratory species, aligning with international agreements such as the Bonn Convention, the Japan-Australia Migratory Bird Agreement (JAMBA), and the China-Australia Migratory Bird Agreement (CAMBA). This legislative instrument, issued under section 209(1)(b) of the Act, seeks to amend the list of migratory species to accurately reflect current knowledge and international commitments, particularly following updates to the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA). The removal of species that do not meet the migratory criteria will streamline regulatory processes and reduce unnecessary burdens, ultimately contributing to more efficient environmental management and conservation efforts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including the protection and conservation of listed migratory species. This Act extends to the Commonwealth jurisdiction and is concerned with ensuring that the list of migratory species accurately reflects current knowledge and taxonomy. The legislative instrument in question amends the list of migratory species by removing certain species that do not meet the migratory species listing criteria set under the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA). Specifically, it removes six species: Shoveler (Northern Shoveler), Common Ringed Plover (Ringed Plover), Little Stint, Dunlin, Buff-breasted Sandpiper, and Great Reed Warbler, as they do not migrate between Australia and the Republic of Korea. This amendment ensures that decisions made under Part 9 of the Act, concerning the approval of actions, are based on accurate and updated information, thereby reducing unnecessary regulatory impact and enhancing regulatory efficiency and effectiveness. The amendments were subject to consultation with various Commonwealth, state, and territory agencies, as well as relevant scientific authorities, none of whom raised concerns regarding the proposed changes.
Key Provisions
The main operative sections of this legislative instrument concern the amendment of the list of migratory species under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (section 209(1)(b)). These amendments are made to align the list with the changes in the Annex to the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA). Specifically, the instrument aims to remove six species from the list of migratory species because they do not meet the migratory species listing criteria set under Article 1(1) of the ROKAMBA. These species are the 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). By removing these species, the legislative instrument ensures that decisions under Part 9 of the Act, which concerns the approval of actions, are based on accurate and current knowledge of migratory birds.
The Act imposes several obligations on the parties and entities it governs. Primarily, it requires the Minister for the Environment and Energy to maintain and update the list of migratory species to reflect international agreements such as the ROKAMBA. This involves continuous consultation with relevant scientific authorities, state and territory agencies, and other stakeholders to ensure that the list accurately represents the current understanding of migratory bird species. The instrument also requires these agencies to provide input and feedback during the consultation process to ensure that the amendments are scientifically sound and widely supported.
Failure to comply with the requirements of the Act can lead to various consequences, including both civil and criminal penalties. For example, if an entity knowingly or recklessly breaches the provisions of the Act by not adhering to the updated migratory species list, they may face fines or other sanctions. The maximum penalties can vary depending on the severity of the breach and whether it is considered a civil or criminal offence. Civil penalties may include fines up to a specified amount, while criminal offences can result in more severe penalties, including imprisonment, depending on the specific provisions of the Act and other relevant legislation.