EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 209(1)(b)
(Issued under the Authority of the Minister for the Environment, Heritage and the Arts)
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 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 II of the
Bonn Convention agreed to at the 9th Conference of the Parties, held in Rome,
Italy on 5 December 2008. The EPBC Act does not provide for any discretion as to the inclusion of species included in the CMS Appendices on the list of migratory species. The amendments will come into effect on 29 January 2010.
The Australian Government Department of the Environment, Water, Heritage and the Arts (DEWHA) consulted the following Australian Government, State agencies and industry associations in late 2008 regarding the proposed listing of the porbeagle shark, shortfin mako shark, and longfin mako shark to Appendix II of the Bonn Convention:
- Australian Fisheries Management Authority;
- Australian Government Department of Agriculture, Fisheries and Forestry;
- Australian Government Department of Foreign Affairs and Trade;
- Australian Government Attorney-General’s Department;
- Commonwealth Fisheries Association;
- Department of Primary Industries (New South Wales);
- Department of Fisheries (New South Wales);
- Queensland Parks and Wildlife Service (Queensland);
- Department of Primary Industries and Fisheries (Queensland);
- Department for Environment and Heritage (South Australia);
- Department of Primary Industries and Resources (South Australia);
- Department of Natural Resources, Environment, the Arts and Sport (Northern Territory);
- Department of Regional Development, Primary Industry, Fisheries and Resources (Northern Territory);
- Department of Primary Industries Water and Environment (Tasmania);
- Department of Primary Industries (Victoria);
- Department of Planning and Industry (Victoria);
- Department of Conservation and Land Management (Western Australia);
- Department of Environment and Conservation (Western Australia);
- Department of Fisheries (Western Australia).
A favourable response was received from industry associations, Australian Government agencies and the majority of state agencies. Agencies in Queensland and NSW raised concerns regarding possible increases in monitoring and stock assessment costs and the potential for detrimental impacts on commercial and recreational fishers.
In November 2008 the Minister for the Environment, Heritage and the Arts wrote to relevant Australian Government Ministers seeking their agreement to the proposed amendments. Responses received were favourable.
DEWHA has also led consultation and provided advice on the subsequent listing of these sharks as migratory species under the Act. On 28 October 2009 correspondence was sent to fisheries management agencies in all states and the Northern Territory advising them of the impending listings and their implications. On 2 November 2009 similar correspondence was sent to national peak industry groups – the Game Fishing Association of Australia, Recfish Australia and the Boating and Fishing Council of Australia. The Department has been in frequent contact with these groups on this issue since then. The Department sought advice from state fisheries agencies on appropriate industry contacts within their jurisdictions and, on 15 December 2009 distributed a fact sheet on the listings and implications to those groups, the abovementioned peak bodies, and state and Northern Territory governments. Similar information was placed on the Department’s website on 18 December 2009, along with a media release issued by the Minister for the Environment. The Department has also been in contact with peak industry groups since the fact sheet information was placed on the Department’s website on 18 December. The Department will be placing public notices in national and industry press in the weeks leading up to the listings becoming effective.
This instrument is a legislative instrument for the purposes of the Legislative
Instruments Act 2003.
This instrument commenced on the 29 January 2010.