EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 209(1)(b), 209(6) and 209(7)
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 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)).
Sections 209(1)(b), 209(6) and 209(7) of the Act provide that the Minister may, by legislative instrument, amend the List as necessary to correct inaccuracies.
The purpose of this Instrument is to amend the List by:
deleting 82 non-migratory species from the List:
(species from Australia)
- Aplonis fusca
- Cacatua pastinator pastinator
- Calyptorhynchus baudinii graptogyne
- Columba vitiensis godmanae
- Coracina tenuirostris melvillensis
- Cyanoramphus novaezelandiae cookii
- Cyanoramphus novaezelandiae erythrotis
- Cyanoramphus novaezelandiae subflavescens
- Dasyornis broadbenti littoralis
- Dromaius baudinianus
- Dromaius minor
- Drymodes superciliaris colcloughi
- Erythrura gouldiae
- Falcunculus frontatus whitei
- Gallicolumba norfolciensis
- Geopsittacus occidentalis
- Gerygone insularis
- Hemiphaga novaeseelandiae spadicea
- Leipoa ocellata
- Lichenostomus melanops cassidix
- Manorina melanotis
- Neophema chrysogaster
- Nestor productus
- Ninox novaeseelandiae albaria
- Ninox novaeseelandiae undulata
- Notornis alba
- Pardalotus quadragintus
- Petrophassa smithii blaawi
- Pezoporus wallicus flaviventris
- Poecilodryas superciliosa cerviniventris
- Psephotus chrysopterygius
- Psephotus pulcherrimus
- Psittaculirostris diophthalma coxeni
- Pterodroma leucoptera leucoptera
- Rallus pectoralis clelandi
- Rallus philippensis maquariensis
- Rhipidura cervina
- Stipiturus malachurus intermedius
- Sula abbotti
- Turdus poliocephalus poliocephalus
- Turdus xanthopus vinitinctus
- Xanthomyza phrygia
- Zosterops albogularis
- Zosterops strenua
(species from Japan)
- Accipiter gentilis fugiyamae
- Apalopteron familiare hahasima
- Aquila chrysaetos japonica
- Branta canadensis leucopareia
- Buteo buteo oshiroi
- Buteo buteo toyoshimai
- Carduelis sinica kittlitzi
- Chalcophaps indica yamashinai
- Ciconia ciconia boyciana
- Columba janthina nitens
- Columba janthina stejnegeri
- Dendrocopus leucotos owstoni
- Diomedea albatrus
- Erithacus komadori komadori
- Erithacus komadori namiyei
- Erithacus komadori subrufus
- Falco peregrinus fruitii
- Falco peregrinus japanesis
- Garrulus lidthi
- Grus japonensis
- Haliaeetus albicilla albicilla
- Haliaeetus pelagicus pelagicus
- Ketupa blakistoni blakistoni
- Lagopus mutus japonicus
- Lunda cirrhata
- Megalurus pryeri pryeri
- Nipponia nippon
- Phalacrocorax urile
- Picoides tridactylus inouyei
- Pitta brachyura nympha
- Rallus okinawae
- Sapheopipo noguchii
- Scolopax mira
- Spilornis cheela perplexus
- Spizaetus nipalens orientalis
- Tringa guttifer
- Turdus dauma amami
- Uria aalge inornata
These species have been deleted from the migratory list as they do not meet any criteria for listing as migratory.
Section 209 of the Act does not require the Minister, when deciding whether to amend the List under section 209(6) of the Act, to obtain and consider advice from the Threatened Species Scientific Committee on the proposed amendment.
In accordance with Article III(2) of JAMBA each government is required to note species or subspecies of birds that are in danger of extinction. The endangered species notes are separate to the agreement’s annex, which is reserved for migratory species between the two countries. In 2000, when the EPBC Act migratory list was first created, the endangered species notes were inadvertently included with the annex as migratory species. These endangered species do not meet the migratory species listing criteria (s209(3)) and should be removed.
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 209(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
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. Section 209 of the Act provides for a list of migratory species included in international agreements, such as the Bonn Convention and the Japan-Australia Migratory Bird Agreement (JAMBA). This legislative instrument amends the migratory species list by removing 82 non-migratory species that were inadvertently included in the list. This amendment corrects inaccuracies in the list to ensure it accurately reflects the migratory species covered by the relevant international agreements. The Minister for the Environment has the authority to amend the list under section 209(1)(b), 209(6), and 209(7) of the Act. This instrument was issued under the Legislative Instruments Act 2003 (Cth) and commenced on the day after its registration on the Federal Register of Legislative Instruments.
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. This Act encompasses the protection and conservation of listed migratory species, which are included in the Appendices to the Bonn Convention, the Japan-Australia Migratory Bird Agreement (JAMBA), the China-Australia Migratory Bird Agreement (CAMBA), or other approved international agreements, such as the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA). The legislation applies to any individual, entity, or industry engaging in conduct or transactions that may impact these protected species or their habitats, with a broad jurisdictional reach across the Commonwealth of Australia. The Act can be extended or restricted through subordinate instruments, allowing the Minister to amend the List of migratory species as necessary to correct inaccuracies, as seen in this particular legislative instrument that removes 82 non-migratory species from the List. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments and is issued under the authority of the Minister for the Environment.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (Act) provides for the protection of the environment and the conservation of biodiversity. Specifically, sections 209(1)(b), 209(6) and 209(7) empower the Minister to amend the migratory species list by legislative instrument. This particular legislative instrument (F2013L02109) amends the List by removing 82 non-migratory species that were erroneously included. These species, which include both Australian and Japanese species, have been deleted as they do not meet the criteria for listing as migratory under the Act. This amendment rectifies an oversight from when the original migratory list was created in 2000, where endangered species notes were mistakenly included with the migratory species annex.
The Act imposes certain obligations on the Minister regarding the management and amendment of the migratory species list. Under section 209(1)(b), the Minister has the authority to amend the List as necessary to correct inaccuracies. This legislative instrument exercises that authority by removing species that do not meet the migratory criteria, thereby ensuring the integrity and accuracy of the List. Section 209(6) and 209(7) further support this authority by detailing the process through which the Minister can make such amendments. However, it is important to note that section 209 of the Act does not require the Minister to obtain advice from the Threatened Species Scientific Committee when deciding on amendments to the List.
Breaching the provisions of the Act or failing to comply with the requirements to maintain the migratory species list could lead to legal consequences. While the specific penalties for breaches are not detailed in this legislative instrument, the Act generally provides for both civil and criminal penalties for non-compliance with its provisions. Civil penalties can include fines up to a significant amount, depending on the nature and severity of the breach. Criminal penalties may also apply, including fines and imprisonment, particularly if the breach is willful or involves serious environmental harm. The exact penalties would be determined in the context of a court proceeding, taking into account the specific circumstances of the breach.