EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 209(1)(b)
(Issued under the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
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)(a) of the Act requires that the list of migratory species include all
native species that are from time to time included in the appendices to the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention).
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)(a), following amendments to Appendix I and II of the Bonn Convention agreed to at the 10th Conference of the Parties, held in Bergen,
Norway on 25 November 2011.
The Australian Government Department of Sustainability, Environment, Water, Population and Communities consulted the following Australian Government and State and Territory agencies, commercial and recreational fishing organisations and environmental non-government organisations in 2011 regarding the proposed listing of the giant manta ray to Appendix I and II of the Bonn Convention:
- Department of Agriculture, Fisheries and Forestry;
- Australian Fisheries Management Authority;
- Department of Foreign Affairs and Trade;
- The Attorney-General’s Department;
- Department of Employment, Economic Development and Innovation (Queensland);
- Department of Environment and Resource Management (Queensland);
- Office of Environment and Heritage (New South Wales);
- Department of Primary Industries (New South Wales);
- Department of Sustainability and Environment (Victoria);
- Department of Primary Industries (Victoria);
- Department of Primary Industries, Parks, Water and Environment (Tasmania);
- Department of Environment and Natural Resources (South Australia);
- Primary Industries and Resources South Australia (South Australia);
- Department of Environment and Conservation (Western Australia);
- Department of Fisheries (Western Australia);
- Department of Natural Resources, Environment, the Arts and Sport (Northern Territory);
- Commonwealth Fisheries Association;
- Game Fishing Association of Australia;
- Recfish Australia;
- Australian National Sportfishing Association;
- Boating and Fishing Council;
- National Seafood Industry Alliance;
- Migratory Wildlife Network;
- Humane Society International;
- Australian Marine Conservation Society;
- Whales Alive;
- World Wide Fund for Nature;
- International Fund for Animal Welfare;
- Wilderness Society;
- Birds Australia;
- Wetlands International;
- Australasian Wader Studies Group;
- Whale and Dolphin Conservation Society.
All Australian Government agencies and State and Territory environment and fisheries management agencies that responded to the Department were supportive of the inclusion of the giant manta ray in the Appendices to the Convention. Broad support for the listing was also received from the majority of the fishing organisations and environment non-government organisations consulted. No negative responses were received.
This Instrument is a legislative instrument for the purposes of the Legislative
Instruments Act 2003.
The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This Legislative Instrument does not engage any of the applicable rights or freedoms.
Authority: section 209(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).