Environment Protection and Biodiversity Conservation Act 1999 - Listing of CITES Species - Declaration of Stricter Domestic Measure (10/12/2002)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for comprehensive protection of the nation's environment, particularly with respect to biodiversity and endangered species. This legislation aimed to provide a unified framework for the protection of the environment and to ensure that development and other activities do not harm the environment, including its biodiversity. The Act establishes a list of threatened species and ecological communities and regulates their trade and activities that may impact them, aligning with international obligations under conventions such as CITES. The legislative instrument, F2007B00192, declares a stricter domestic measure regarding the listing of CITES species. Specifically, Minister for the Environment and Heritage, David Kemp, declared that the populations of the African Elephant (Loxodonta africana) listed in Appendix II of CITES would be treated as if they were listed in Appendix I. This declaration aims to enforce stricter domestic measures to protect the species, reflecting a policy objective to ensure the conservation of endangered species and to align Australia's domestic legislation more closely with international conservation standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and conduct related to the protection and conservation of biodiversity and the environment within the Commonwealth of Australia. This legislation has a national reach and applies to actions that may impact listed threatened species and ecological communities, matters of national environmental significance, and World Heritage properties. The Act applies to individuals, corporations, and government entities that undertake activities that may result in adverse impacts on protected matters. Specifically, this legislative instrument declares that populations of African Elephants (Loxodonta africana) included in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are to be treated as if they were listed in Appendix I. This effectively subjects trade of these species to stricter regulatory controls under Australian law. The Act may be extended or restricted through subordinate instruments, but the primary focus here is the reclassification of African Elephants to enhance their protection status under national environmental law.

Key Provisions

The legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the "Act") establishes a stricter domestic measure by declaring that the populations of the species Loxodonta africana (African Elephant) included in Appendix II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are to be treated as if they are included in Appendix I (subsection 303CB(1)). This effectively imposes higher protection and regulatory standards on these populations within Australia, aligning them with the strictest category of endangered species under CITES. Entities and individuals subject to the Act must now adhere to the stricter measures applicable to Appendix I species, which include stringent controls on the trade and handling of African Elephants. This means that any import, export, re-export, or transport of African Elephants or their parts and derivatives across international borders requires specific permits and compliance with the provisions set out under CITES (subsection 303CA(1)). Additionally, domestic activities that might impact African Elephant populations, such as hunting, trading, or habitat modification, must now comply with the more rigorous standards designed to protect these animals. Failure to comply with the provisions of the Act and the stricter domestic measures can result in significant legal consequences. Individuals and entities may be subject to both civil and criminal penalties. Under the Act, individuals found guilty of contravening the stricter domestic measures can face substantial fines, with maximum penalties specified in the relevant sections of the Act. For instance, individuals may be fined up to $222,200 or face imprisonment for up to five years, or both, for serious breaches (subsection 474). Corporations can also be held liable and may incur penalties that reflect the severity of the offence and the economic benefit gained from the illegal activities. Additionally, the Act provides for other civil remedies and enforcement actions, which may include the seizure of goods, the imposition of administrative penalties, and court orders to prevent further breaches. These measures are designed to ensure that the stricter domestic measures effectively protect African Elephant populations and comply with international obligations under CITES. The rigorous enforcement framework underscores the importance of adhering to the legislative requirements and the potential severe consequences of non-compliance.