EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 209(1)(b)

Addition of the roseate tern to the list of migratory species

(Issued under the Authority of the Minister for the Environment, Heritage, and the Arts)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve migratory species, including a requirement for the establishment and maintenance of a list of migratory species under paragraph 209(1)(a) of the Act.

Paragraph 209(3)(b) of the Act requires that the list of migratory species includes all species from time to time included in lists established under the Japan – Australia Migratory Bird Agreement (JAMBA) and the China – Australia Migratory Bird Agreement (CAMBA).

The purpose of this instrument is to amend the list of migratory species pursuant to paragraph 209(1)(b) of the Act so that the list includes all species required to be included under paragraph 209(3)(b), following amendments to the Annex to the JAMBA. The amendments will come into effect on 23 March 2009, three months after the date on which Diplomatic notes were exchanged.

The following Australian Government, State and Territory agencies were consulted regarding the amendments to the Annexes to the JAMBA:

•   Australian Government Attorney-General’s Department;
•   Australian Government Department of Immigration and Multicultural Affairs;
•   Australian Government Department of Foreign Affairs and Trade;
•   Australian Government Department of Communications, Information Technology and the Arts;
•   Australian Government Department of Industry, Tourism and Resources;
•   Australian Government Department of Defence;
•   Australian Government Department of the Prime Minister and Cabinet;
•   Australian Government Department of Transport and Regional Services;
•   Australian Government Department of the Treasury;
•   Australian Government Department of Agriculture, Fisheries and Forestry;
•   Department of Primary Industries Water and Environment (Tasmania);
•   Department of Primary Industries (Victoria);
•   Department for Environment and Heritage (South Australia);
•   Department of Conservation and Land Management (Western Australia);
•   Department of Environment and Conservation (New South Wales);
•   Department of Infrastructure, Planning and Natural Resources (New South Wales);
•   Environmental Protection Agency (Queensland);
•   Department of Natural Resources, Environment and the Arts (Northern Territory); and
•   Environment ACT.

In July 2006, the then Minister for the Environment and Heritage, the Hon Ian Campbell, wrote to relevant Federal Ministers seeking their agreement to the proposed amendments.

The Australian Government Department of the Environment, Water, Heritage and the Arts consulted with the Natural Resource Management Wetlands and Waterbirds Taskforce, which comprises representatives from the state and territory agencies listed above.  In addition, the Department of the Environment, Water, Heritage and the Arts, provided a paper to the Taskforce meeting in November 2004 summarising the state of affairs for Australia’s bilateral migratory bird agreements.  This paper included the proposed amendments to the Annexes to the JAMBA. 

No agencies raised any concerns regarding the proposed amendments. The Queensland Environmental Protection Agency had a particular interest in the addition of the roseate tern to the Annex, as it was research carried out by their staff which determined that roseate terns regularly migrate between Australia and Japan.  As a result, they were particularly supportive of the addition of the roseate tern to the Annexes to both JAMBA.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

This instrument commenced on the 23 March 2009.