EXPLANATORY STATEMENT
(Issued by the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of CITES Species
Declaration of a stricter domestic measure in accordance with section 303CB
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment, including wildlife that may be adversely affected by trade, and the implementation of Australia’s international environmental responsibilities.
Section 303CA of the Act provides for the establishment of a list of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) species. Under CITES (Article XIV, paragraph 1), Parties maintain the right to adopt stricter domestic measures regarding the conditions of trade, taking, possession or transport of specimens included in Appendices I, II and III of the Convention, or the complete prohibition thereof. Section 303CB of the Act enables the Minister to declare stricter domestic measures.
All species in the family Felidae, including the species Panthera leo (African lion), are currently included in Appendix II to CITES, except those in the domesticated form and those listed in Appendix I to CITES. The purpose of this instrument is to make a declaration to introduce a stricter domestic measure to treat Panthera leo, currently included in Appendix II to CITES, as if the species were included in Appendix I to CITES (consistent with section 303CB(2)(a) of the Act).
The introduction of this stricter domestic measure is required to address concerns of the Australian public about participation in the market for African lion specimens derived from inhumanely killed lions, specifically through canned hunting practices. This measure is consistent with the Objects of Part 13A of the Act (section 303BA(1)(e)), which includes the promotion of the humane treatment of wildlife. The measure is considered to be the most practicable means to effectively address this public concern.
This amendment will further restrict trade in specimens of Panthera leo. Under sections 303CC (4) and CD(6)(b) of the Act, Appendix I listed non-live specimens may only be imported or exported if a certificate has been issued to the effect that the specimen was acquired before the provisions of CITES applied to the specimen (i.e. before 1977 for Panthera leo). International movement of non-live specimens may also occur as part of a non-commercial exchange of scientific specimens between registered scientific institutions, or for research, educational or exhibition purposes (sections 303CC(3), 303CD(5) and 303FB(a), (b), (c) and (g) of the Act). Appendix I listed live specimens may only be moved internationally for research and education purposes, or as part of an approved cooperative conservation breeding program (sections 303FB (a), (b) and (d) of the Act).
This amendment will not affect Australian permits to trade African lion specimens granted prior to the declaration taking effect. Section 303CG(2A) provides that a permit enters into force on the date the permit is issued and ends not later than six months after that date.
The Department of the Environment has consulted with Australian businesses that have an interest in the international trade of lion specimens, hunting industry representatives, environment and animal welfare non-government organisations, African lion range states and other selected CITES Parties to determine any potential impacts that could result from the introduction of the stricter domestic measure. Public comment was also invited.
The Office of Best Practice Regulation, Department of Prime Minister and Cabinet, have advised that the regulatory burden of the measure is likely to be minor and that a Regulatory Impact Statement is therefore not required for this amendment. The direct impact of the measure on businesses is estimated to be be less than $500 000 per annum.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument will commence on 13 March 2015.
Authority: sections 303CB(1) of the Environment Protection and Biodiversity Conservation Act 1999.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to provide comprehensive protection for the environment and biodiversity, aligning with Australia's international environmental responsibilities. Enacted by the Australian Parliament, the Act aims to safeguard wildlife from the adverse effects of trade and to promote the humane treatment of animals, among other objectives. One of the Act’s provisions, Section 303CB, empowers the Minister to declare stricter domestic measures for species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In response to public concerns about the inhumane treatment of African lions, particularly through practices such as canned hunting, a stricter domestic measure has been declared to treat Panthera leo as if it were listed in Appendix I of CITES. This measure aims to effectively address public concerns and aligns with the Act's objective of promoting humane treatment of wildlife.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a Commonwealth legislation that applies to all persons and entities within Australia, including individuals, corporations, and government agencies, with respect to activities that may impact the environment and biodiversity. The Act's scope encompasses wildlife protection, particularly endangered species, and the implementation of Australia’s commitments under international agreements such as CITES. This legislation enables the Minister to declare stricter domestic measures for the protection of species listed under CITES. Specifically, this Act allows for the stricter regulation of the trade, possession, and transport of certain wildlife species to ensure compliance with international standards and to address public concerns regarding the humane treatment of wildlife. The geographic reach of this Act is national, applying uniformly across all states and territories within Australia. Any exclusions or exemptions from the Act are specified within the legislation itself or through subordinate instruments. This instrument, in particular, extends the application of the Act to treat Panthera leo (African lion) as if it were included in Appendix I of CITES, imposing more stringent controls on its trade.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this legislation include sections 303CA, 303CB, and 303CC. Section 303CA provides for the establishment of a list of CITES species, allowing Australia to adopt stricter domestic measures regarding these species. Section 303CB enables the Minister to declare stricter domestic measures, while section 303CC outlines the conditions under which non-live specimens of Appendix I listed species may be imported or exported. The legislation also references sections 303CD, 303FB, and 303CG, which further detail the import and export conditions for live specimens and the duration of permits.
The obligations and requirements imposed by this legislation include stricter restrictions on trade in specimens of Panthera leo, treating them as if they were listed in Appendix I of CITES. This means that non-live specimens can only be imported or exported if they were acquired before 1977 or if they are part of a non-commercial exchange for scientific, research, educational, or exhibition purposes. Live specimens can only be moved internationally for research, education, or as part of an approved conservation breeding program. The Act also mandates that any Australian permits granted before the declaration's effective date remain valid.
Any breaches of this legislation may result in civil or criminal penalties as outlined in the EPBC Act. The specific penalties for breaches related to wildlife trade are not detailed in this explanatory statement but generally include fines and imprisonment for serious offences. The precise penalties would depend on the nature and severity of the breach, as well as any relevant state or territory laws.
The legislative instrument is designed to address public concerns about the inhumane treatment of African lions, specifically through canned hunting practices, and to ensure that trade in lion specimens aligns with Australia’s international obligations under CITES and the humane treatment of wildlife as per the Objects of Part 13A of the EPBC Act. The measure is expected to have a minor regulatory burden and minimal direct impact on businesses, with the estimated annual cost being less than $500,000. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and will commence on 13 March 2015.