EXPLANATORY STATEMENT
Select Legislative Instrument No. 73, 2014
(Issued by the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Amendment (Rhino Specimens) Regulation 2014
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a system for regulating the international movement of wildlife specimens (commonly referred to as ‘wildlife trade’).
Section 520(1) of the EPBC Act states that the Governor-General may make regulations prescribing all matters required or permitted under the Act or necessary or convenient for carrying out or giving effect to the Act.
The EPBC Act provides that a person does not require a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) permit for an import of a CITES specimen that is, subject to the conditions of the EPBC Act and Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations), taken to be an import of a personal or household effect.
Regulation 9A.04 provides for a list of species that are specified. These specimens do not qualify for the personal or household effects exemption. Rhinoceroses are not currently specified in the Regulations and so rhinoceros specimens may be imported as personal and household effects without a CITES permit.
At the 16th meeting of the Conference of the Parties to CITES (Bangkok, Thailand, March 2013), CITES Parties adopted an amendment to Resolution Conf. 13.7: Control of Trade in Personal and Household Effects to exclude rhinoceros hunting trophies from qualifying for the personal and household effects exemption. This decision was based on: escalating levels of poaching to supply the black market; the possible use of the personal and household effects exemption to export or import unlawfully obtained rhinoceros horn (hunting trophies) without scrutiny; and estimations that rhinoceroses could be extinct within the next two decades if action was not taken. Rhinoceros hunting trophies are any part or derivative of a rhinoceros (including its horn) which are obtained by a hunter through hunting.
In line with CITES Resolution Conf. 13.7, the purpose of the proposed Regulation is to amend the EPBC Regulations to remove the CITES permit exemption for specimens which are, or are derived from, rhinoceroses and which are imported as personal and household effects (including in personal baggage).
The proposed Regulation would add the family Rhinocerotidae (rhinoceroses) to the list of specified species under Regulation 9A.04 of the EPBC Regulations.
The Department of the Environment did not seek the views of other stakeholders, as the amendments to the Regulations do not change domestic regulation of rhinoceros hunting trophy specimens. The Regulation amendments will only affect the few individuals who import rhinoceros hunting trophies as personal and household effects in accompanied baggage and which have lawfully been obtained from South Africa and Swaziland populations. The Office of Best Practice Regulation (OBPR), Department of Prime Minister and Cabinet have advised that the proposed changes appear to have no more than a minor regulatory impact on business, community organisations and individuals and a regulatory impact statement is not required.
The proposed Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The proposed Regulations would commence on the day after registration of the instrument.
Authority: Section 520(1) of the Environment Protection and Biodiversity Conservation Act 1999
Overview
The Environment Protection and Biodiversity Conservation Amendment (Rhino Specimens) Regulation 2014 was enacted to address the problem of illegal poaching and trafficking of rhinoceros specimens, which threatened the survival of the species. The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is administered by the Parliament of Australia and aims to provide for the protection of the environment, particularly with respect to matters of national and international significance. The proposed regulation seeks to align Australia's wildlife trade regulations with the decisions of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), by removing the exemption from CITES permit requirements for rhinoceros specimens imported as personal and household effects. This policy objective aims to prevent the illegal trade of rhinoceros hunting trophies and contribute to the global effort to conserve rhinoceros populations.
Scope and Application
The Environment Protection and Biodiversity Conservation Amendment (Rhino Specimens) Regulation 2014 is a legislative instrument designed to modify the Environment Protection and Biodiversity Conservation Regulations 2000 under the authority of Section 520(1) of the Environment Protection and Biodiversity Conservation Act 1999. This regulation specifically targets the import of rhinoceros specimens as personal or household effects, aligning with the international decision to exclude rhinoceros hunting trophies from the personal and household effects exemption under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). By amending Regulation 9A.04 of the EPBC Regulations, the new rules will require a CITES permit for the import of rhinoceros specimens, whether in accompanied baggage or otherwise, effectively closing a loophole that previously allowed such imports without a permit. This change is aimed at curbing the illegal trade of rhinoceros horn and preventing the overexploitation of rhinoceros species, which are at significant risk of extinction. The regulation applies to individuals who import rhinoceros hunting trophies that have been lawfully obtained from South Africa and Swaziland populations, thereby impacting a specific subset of personal and household imports. The regulation is set to commence on the day following its registration as a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The Environment Protection and Biodiversity Conservation Amendment (Rhino Specimens) Regulation 2014 amends the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) to tighten the regulations concerning the import of rhinoceros specimens as personal or household effects. Specifically, Regulation 9A.04 is updated to include the family Rhinocerotidae (rhinoceroses) in the list of species that do not qualify for the personal or household effects exemption (Reg 3). This means that rhinoceros specimens, which were previously exempt from requiring a CITES permit for import as personal or household effects, will now be subject to the need for such a permit (s 9A.04(1)).
Under these Regulations, the primary obligation is for individuals or entities importing rhinoceros specimens as part of their personal or household effects to obtain the necessary CITES permit. This requirement is intended to ensure that any import of rhinoceros specimens is done in accordance with international conservation laws and to prevent the illegal trade of rhinoceros products (s 9A.04(2)). The amendments ensure that only those rhinoceros specimens that are imported as part of accompanied baggage and have been lawfully obtained from the South Africa and Swaziland populations are subject to this regulation (Reg 4).
Breaching these Regulations can result in both civil and criminal consequences. Individuals or entities failing to obtain the required CITES permit for the import of rhinoceros specimens can face penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, the maximum penalty for contravening a regulation can be a fine of up to 500,000 penalty units for a corporation and up to 5,000 penalty units for an individual (s 636). Additionally, persistent offenders may face ongoing penalties for each day the offence continues. These stringent penalties are in place to deter illegal trade and to enforce compliance with international conservation standards aimed at protecting endangered species such as rhinoceroses.