EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999
List of CITES species Amendment 2018 (No. 1)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment, including wildlife that may be adversely affected by trade, and the implementation of Australia’s international environmental responsibilities.
Section 303CA of the Act provides for a list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to be established for the purposes of the Act (the list). Under subsection 303CA (3) of the Act, the list must include all species from time to time included in any of Appendices I, II and III to CITES. Subsection 303CA (9) of the Act provides that the Minister may amend the list, as necessary, to correct an inaccuracy or update the name of a species, to include all species required to be included in the list under subsection 303CA (3) and so that the notations in the list are consistent with CITES.
Under CITES (Article XIV, paragraph 1), Parties maintain the right to “...adopt stricter domestic measures regarding the conditions of trade, taking, possession or transport of specimens included in Appendices I, II and III of the Convention, or the complete prohibition thereof…”. Stricter domestic measures are enabled under section 303CB of the Act, whereby the Minister can modify the list of species for the purposes of the Act to, inter alia, treat a specified specimen that is included in Appendix II to CITES as if the specimen were included in Appendix I to CITES.
On 20 March 2017, the Minister declared, under section 303CB (1), that all populations of the species Loxodonta africana (African Elephant) included in Appendix II to CITES are to be treated as though they are included in Appendix I. The Minister also declared on this date, pursuant to the same subsection, that all species in the order Cetacea (whales, porpoises and dolphins) that are included in Appendix II are to be treated as though they are included in Appendix I to CITES. The declaration of a stricter domestic measure for Loxodonta africana was originally made on 10 December 2002 and the declaration of a stricter domestic measure for Cetacea was first made on 25 January 2007.
The list was amended, under subsection 303CA (9), to include all Loxodonta africana and Cetacea under Appendix I to CITES to reflect the stricter domestic measures. The CITES Appendix for Cetacea and Loxodonta africana and the notation for Loxodonta africana were incorrectly reflected in the list as ‘amendments’ rather than ‘modifications’, as subsection 303CA (9) does not permit the list to be amended for the purpose of making a stricter domestic measure.. The purpose of this instrument is to update the list to correct this inaccuracy and ensure the Appendices and notations for Loxodonta africana and Cetacea are consistent with CITES. The amendments are administrative in nature, and do not affect implementation of existing requirements. The list will continue to have effect as modified by the declaration of stricter domestic measures for Loxodonta africana and Cetacea. In addition, the first listing date for Loxodonta africana has been modified to reflect the date the species was first listed in Appendix III, rather than when the species was first listed in Appendix II. This is in accordance with Article VII, paragraph 2; Resolution Conf. 13.6 (Rev. CoP16); and guidance received from the CITES Secretariat.
The list has also been amended to include the listing date for Anguilla anguilla (European eel). Anguilla anguilla was listed under Appendix II to CITES effective 13 March 2009. This listing date was not included in the list when it was amended to reflect the inclusion of Anguilla anguilla on CITES. Amending the list to include the listing date ensures that the list is accurate and consistent with CITES. The common name for Anguilla anguilla, European eel, has also been included through this amendment, to provide for ease of reading of the list.
The Instrument is a Legislative Instrument for the purposes of the Legislation Act 2003.
Authority: subsection 303CA(9) of the Environment Protection and Biodiversity Conservation Act 1999.
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).