Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to establish a framework for the protection of the environment, particularly focusing on matters of national environmental significance, including the conservation of migratory species. This Act mandates the Commonwealth to protect and conserve migratory species, and to maintain a list of these species as per section 209(1)(a). The Act was introduced to address the need for a comprehensive legislative approach to environmental protection, particularly concerning migratory species that traverse international boundaries. The explanatory statement for F2007L02641, issued under the authority of the Minister for the Environment and Water Resources, specifies the approval of the Republic of Korea – Australia Migratory Bird Agreement (ROKAMBA) under section 209(4) of the Act. This approval aligns with the policy objective of ensuring that Australia's commitments to international agreements for the conservation of migratory species are effectively implemented, thereby maintaining the integrity of the migratory species list without requiring amendments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the Commonwealth, State and Territory governments, as well as to corporations and individuals, in relation to actions that impact on matters of national environmental significance, including the conservation of migratory species. The Act has a national jurisdictional reach and requires the establishment and maintenance of a list of migratory species, which includes species listed in the appendices of the Bonn Convention and those covered by Australia's bilateral agreements with Japan and China. The Act also allows the Minister to approve international agreements that are relevant to the conservation of migratory species. This instrument specifically approves the Republic of Korea-Australia Migratory Bird Agreement, which relates to the conservation of birds migrating between Australia and the Republic of Korea, and aligns with the existing migratory species list without requiring amendments. The approval process involved consultation with various Australian government departments and agencies, as well as State and Territory environmental authorities. The legislative instrument was registered and commenced on the day following registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains provisions to ensure the protection and conservation of migratory species. Specifically, Section 209(1)(a) mandates the establishment and maintenance of a list of migratory species, while Section 209(3) requires that this list include species from the appendices of the Bonn Convention and from lists under JAMBA and CAMBA. This legislative framework is designed to facilitate international cooperation in the conservation of migratory species. Under Section 209(4), the Minister is empowered to approve international agreements relevant to the conservation of migratory species, thereby integrating international commitments into domestic legislation. The primary operative sections of this legislative instrument focus on the approval of the Republic of Korea – Australia Migratory Bird Agreement (ROKAMBA). This agreement, detailed under Section 209(4), aims to protect migratory birds between Australia and the Republic of Korea. The approval process confirms that ROKAMBA aligns with the requirements set out in the Act, particularly concerning the conservation of migratory species. Importantly, no amendments to the existing migratory species list are necessary because all species identified in the annex to the ROKAMBA are already included in the list maintained under Section 209(3). The obligations imposed by the Act on the parties and entities it governs are centred on ensuring compliance with international agreements for the conservation of migratory species. This includes the requirement for Australian agencies to collaborate and consult on the development and implementation of such agreements. Relevant Australian Government departments and state/territory agencies were consulted during the development of ROKAMBA, ensuring a coordinated approach to migratory species conservation. These obligations necessitate ongoing communication and cooperation among various governmental entities to maintain the integrity of the migratory species list and to uphold international conservation commitments. Failure to comply with the provisions of the Environment Protection and Biodiversity Conservation Act 1999 may result in civil or criminal penalties. While specific offences and penalties are not detailed in this legislative instrument, the Act generally provides for fines and imprisonment for breaches related to the protection and conservation of migratory species. The maximum penalties for such offences can be significant, reflecting the importance of these provisions in safeguarding biodiversity. These legal consequences serve as a deterrent against non-compliance, ensuring that the obligations under the Act are taken seriously by all parties involved.