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).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide a framework for the protection of the environment, including migratory species, by placing specific obligations on the Commonwealth. This Act was introduced to address the need for a coordinated approach to the conservation of migratory species and to ensure compliance with international agreements such as the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention). The Parliament of Australia established this legislative framework to safeguard biodiversity and maintain ecological balance. The policy objective of the Act is to align Australia’s domestic laws with international obligations, thereby protecting species that migrate across national boundaries and are at risk of decline. The Act mandates the establishment and maintenance of a list of migratory species, which is periodically updated to reflect changes in international conventions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities within the Commonwealth of Australia, including federal agencies, corporations, and individuals, with a focus on protecting and conserving migratory species. The Act mandates the establishment and maintenance of a list of migratory species, which must align with the appendices of the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention). This list is updated pursuant to section 209(1)(b) of the Act to include all native species stipulated in the appendices of the Bonn Convention. The geographic scope of the Act extends nationally, ensuring that all migratory species recognised under the Bonn Convention are protected within Australian jurisdiction. Any exclusions or exemptions are determined by the specific provisions of the Bonn Convention and are reflected in the migratory species list. The Act’s application can be further refined or expanded through subordinate instruments, allowing for adaptability in species protection measures. The recent legislative instrument amends the list of migratory species in response to updates in the Bonn Convention, reflecting a commitment to international conservation efforts and involving consultations with multiple government agencies, industry groups, and non-government organisations to achieve broad support for the changes.
Key Provisions
The main operative sections of this legislation, F2012L01950, are concerned with the amendment of the list of migratory species under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (s 1(1)). Section 209(1)(b) of the Act requires that the list of migratory species be amended to include all species that are required to be included under paragraph 209(3)(a) of the Act, which in turn requires that the list 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). This amendment follows the 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. These amendments have been made to ensure that the list of migratory species under the Act is in line with international obligations.
The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires that the Australian Government Department of Sustainability, Environment, Water, Population and Communities consult with relevant Australian Government and State and Territory agencies, commercial and recreational fishing organisations and environmental non-government organisations in relation to proposed listings of species under the Bonn Convention (s 1(2)). Secondly, it requires that all Australian Government agencies and State and Territory environment and fisheries management agencies that respond to the Department be supportive of the inclusion of the species in the Appendices to the Convention (s 1(2)). Finally, it requires that the Minister for Sustainability, Environment, Water, Population and Communities ensure that the list of migratory species under the Act is amended to include all species required to be included under paragraph 209(3)(a) of the Act (s 1(3)).
There are no specific offences, penalties, or civil/criminal consequences for breach of this legislation. However, failure to comply with the obligations and requirements imposed by the Act may result in legal action being taken against the relevant party or entity. For example, if a party or entity fails to comply with the requirement to consult with relevant stakeholders, it may be subject to legal action by those stakeholders. Similarly, if a party or entity fails to ensure that the list of migratory species under the Act is amended to include all species required to be included under paragraph 209(3)(a) of the Act, it may be subject to legal action by the Minister for Sustainability, Environment, Water, Population and Communities. The maximum penalties for breach of the Act are not specified in the legislation.