EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 209(6)
Taxonomic updates of species in the list of migratory species
(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)(b) of the Act requires that the list of migratory species includes all species from time to time included in lists established under the Japan – Australia Migratory Bird Agreement (JAMBA) and the China – Australia Migratory Bird Agreement (CAMBA). Paragraph 209(6) provides that the Minister may correct an inaccuracy or update the name of a migratory species.
The purpose of this instrument is to update the names of 14 species in the list pursuant to paragraph 209(6) of the Act, so that the list includes all species required to be included under paragraph 209(3)(b), under the amended taxonomic information listed in the Annex to the JAMBA. The JAMBA amendments will come into effect on 23 March 2009, three months after the date on which Diplomatic notes were exchanged.
The following Australian Government, State and Territory agencies were consulted regarding the amendments to the Annexes to the JAMBA:
- Australian Government Attorney-General’s Department;
- Australian Government Department of Immigration and Multicultural Affairs;
- Australian Government Department of Foreign Affairs and Trade;
- Australian Government Department of Communications, Information Technology and the Arts;
- Australian Government Department of Industry, Tourism and Resources;
- Australian Government Department of Defence;
- Australian Government Department of the Prime Minister and Cabinet;
- Australian Government Department of Transport and Regional Services;
- Australian Government Department of the Treasury;
- Australian Government Department of Agriculture, Fisheries and Forestry;
- Department of Primary Industries Water and Environment (Tasmania);
- Department of Primary Industries (Victoria);
- Department for Environment and Heritage (South Australia);
- Department of Conservation and Land Management (Western Australia);
- Department of Environment and Conservation (New South Wales);
- Department of Infrastructure, Planning and Natural Resources (New South Wales);
- Environmental Protection Agency (Queensland);
- Department of Natural Resources, Environment and the Arts (Northern Territory); and
- Environment ACT.
In July 2006, the then Minister for the Environment and Heritage, the Hon Ian Campbell, wrote to relevant Federal Ministers seeking their agreement to the proposed amendments.
The Australian Government Department of the Environment, Water, Heritage and the Arts consulted with the Natural Resource Management Wetlands and Waterbirds Taskforce, which comprises representatives from the state and territory agencies listed above. In addition, the Department of the Environment, Water, Heritage and the Arts, provided a paper to the Taskforce meeting in November 2004 summarising the state of affairs for Australia’s bilateral migratory bird agreements. This paper included the proposed amendments to the Annexes to the JAMBA.
No agencies raised any concerns regarding the proposed amendments.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This instrument commenced on the 23 March 2009.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for the Commonwealth to protect and conserve migratory species. The Act establishes a list of migratory species and mandates that this list includes all species from time to time included in the lists established under the Japan – Australia Migratory Bird Agreement (JAMBA) and the China – Australia Migratory Bird Agreement (CAMBA). Pursuant to section 209(6) of the Act, the Minister for the Environment, Heritage, and the Arts issued a legislative instrument to update the names of 14 species in the migratory species list, reflecting the amended taxonomic information listed in the Annex to the JAMBA. This update ensures that the list remains accurate and comprehensive, aligning with the policy objective of effectively conserving migratory species in accordance with international agreements. The instrument was issued following consultation with various Australian Government, State, and Territory agencies, and no concerns were raised regarding the proposed amendments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection and conservation of migratory species, with specific obligations imposed on the Commonwealth to maintain a list of such species. This Act extends to all migratory species included in the lists established under the Japan – Australia Migratory Bird Agreement (JAMBA) and the China – Australia Migratory Bird Agreement (CAMBA). The Act's jurisdictional reach is national, covering all migratory species within Australia and those covered under the international agreements. The Act allows the Minister to correct inaccuracies or update species names, as evidenced by the legislative instrument issued under section 209(6) to update the taxonomic names of 14 species in the migratory species list. This update was made in accordance with the amendments to the JAMBA Annexes and came into effect on 23 March 2009. The legislative instrument ensures the list reflects the most current taxonomic information, thereby maintaining its accuracy and effectiveness in fulfilling the obligations under the EPBC Act.
Key Provisions
The primary operative sections of this legislation under the Environment Protection and Biodiversity Conservation Act 1999 are sections 209(1)(a) and 209(6). Section 209(1)(a) mandates the Commonwealth to establish and maintain a list of migratory species, which includes all species listed under the Japan–Australia Migratory Bird Agreement (JAMBA) and the China–Australia Migratory Bird Agreement (CAMBA), as stated in section 209(3)(b). Section 209(6) empowers the Minister to correct inaccuracies or update species names in this list. This instrument updates the names of 14 species in the migratory species list based on the revised taxonomic information in the JAMBA, ensuring alignment with the agreements' amendments effective from 23 March 2009.
The Act imposes several obligations on the Commonwealth and relevant agencies to protect and conserve migratory species. These obligations include maintaining an accurate and updated list of migratory species, ensuring that the list reflects the species covered under JAMBA and CAMBA, and making necessary amendments when taxonomic updates are required. The Minister for the Environment, Heritage, and the Arts plays a pivotal role in overseeing these updates, ensuring that the list remains current and reflective of the most recent scientific nomenclature. Furthermore, the Act requires consultation with various Australian Government departments and State and Territory agencies to facilitate the smooth implementation of these updates.
Failure to comply with the requirements of this Act may result in legal consequences, although the specific offences, penalties, or consequences are not detailed within the explanatory statement. Generally, under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the Act can lead to civil or criminal penalties. Civil penalties can include fines of up to $66,000 for individuals and $330,000 for corporations, as per the maximum fines outlined in the Commonwealth’s legislation. Criminal penalties, if applicable, can result in imprisonment, although the specific terms are not provided in the explanatory statement. The overarching intent is to enforce compliance to uphold the integrity of the migratory species list and the conservation efforts it supports.