Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for comprehensive protection and conservation of biodiversity, particularly focusing on migratory species. This legislation established obligations for the Commonwealth, including the requirement to maintain a list of migratory species as mandated by the Act. In response to changes in international agreements, specifically amendments to the Bonn Convention, the Act was supplemented by the legislative instrument F2007L00574. This instrument, issued under the authority of the Minister for the Environment and Water Resources, aims to update the list of migratory species to align with the latest inclusions in the Bonn Convention's Appendices. The policy objective is to ensure that Australia's legislative framework adequately reflects international commitments to conserve and protect migratory species, thereby fulfilling obligations under the Bonn Convention. The instrument was developed following consultations with relevant Australian and state agencies, ensuring that the updated list incorporates the necessary species as per international agreements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the Commonwealth of Australia and is concerned with the protection and conservation of the nation's environment, including migratory species. This Act mandates the establishment and maintenance of a list of migratory species, which is required to include all native species listed in the appendices of the Bonn Convention. The legislative instrument in question amends the list of migratory species to reflect the updates made to the Bonn Convention Appendices following the 8th Conference of the Parties in 2005. This amendment ensures that Australia's list of protected migratory species remains in line with international commitments. The instrument is applicable to all entities and persons within the jurisdiction of the Commonwealth and extends to all native species that have been included in the Bonn Convention Appendices post-2005. It is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments. The instrument does not specify any exclusions or exemptions, and it does not mention any thresholds or subordinate instruments extending or restricting its application.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains specific provisions for the protection of migratory species. Under section 209(1)(a), the Act requires the establishment and maintenance of a list of migratory species. This list is amended under section 209(1)(b) to include all native species that are included in the appendices to the Bonn Convention. Section 209(3)(a) further specifies that the list must include all species from the appendices of the Bonn Convention. The Act imposes obligations on the Commonwealth to ensure that this list is kept up to date with changes to the Bonn Convention. For example, when amendments to the appendices of the Bonn Convention are agreed upon, such as those at the 8th Conference of the Parties held in Nairobi in November 2005, the Act requires the Australian Government to update the list of migratory species accordingly. This process involves consultation with relevant Australian Government and State agencies, including the Australian Antarctic Division, the Australian Fisheries Management Authority, and various state departments of primary industries and environment. Breaches of the Act's requirements for listing migratory species can result in both civil and criminal consequences. Under section 387, any person who contravenes the Act can be liable to a penalty. The exact nature and severity of the penalty depend on the specific breach and can include substantial financial penalties. For example, for offences under the Act, the maximum penalty can be significant, reflecting the importance of the legislative protections for migratory species. Failure to comply with the obligations to maintain and update the list of migratory species can therefore result in severe legal repercussions for the Commonwealth and relevant agencies. Given the importance of migratory species to global biodiversity and ecosystem health, the Act's provisions are designed to ensure rigorous protection and conservation efforts. The legislative framework requires careful adherence to international agreements like the Bonn Convention, with comprehensive consultation processes to ensure that all relevant parties are informed and can contribute to the protection of endangered and threatened species. These measures underscore the Act's commitment to biodiversity conservation and environmental protection.