List of CITES Species Amendment (2021/026) Instrument 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L00769 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

(Issued by the Authority of the Minister for the Environment)

 

Environment Protection and Biodiversity Conservation Act 1999

 

 

List of CITES Species Amendment (2021/026) Instrument 2021

 

Legislative Authority

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 provides that the Minister must, by legislative instrument, establish a list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (the Convention) for the purposes of the Act. 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 the Convention. Subsections 303CA(9)(b) and (c) of the Act together provide that the Minister may amend the list, as necessary, so that it includes all species required to be included in the list under subsection 303CA(3) and so that the notations in the list are consistent with the Convention.

Under Article XVI, paragraph 1 of the Convention, Parties may at any time, submit to the Secretariat, a list of species which has been identified as being subject to regulation within its jurisdiction for the purposes of Article II, paragraph 3 of the Convention. Each list submitted under Article XVI, paragraph 1 of the Convention shall be communicated to the Parties as soon as possible after receiving it and the list shall take effect as part of the Appendix III 90 days after the date of communication.

Purpose of the instrument

The purpose of this legislative instrument is to update the list of CITES species for the purposes of the Act to include the below amendments.

The Convention’s Notification to the Parties 2021/026 (dated 24 March 2021) advised that Seychelles and Ukraine requested the Secretariat to amend and include new species for listing under Appendix III.

The Seychelles has requested an amendment to an existing listing of a species of palm tree in Appendix III to CITES (Lodoicea maldivica; double coconut, or coco de mer) to amend the current listing to clarify that the kernel is also known as endosperm, pulp, or copra and to specify that the kernel for this species is on the CITES list except finished products packaged and ready for retail trade. This species does not occur in Australia nor does Australia trade in specimens of this species.

Ukraine has requested the inclusion of Ukrainian populations of 31 bird species and one turtle species in Appendix III to CITES.

Australia does not propose to enter a reservation to the amendments. The action is consistent with Australia’s strong commitment to the Convention and to international cooperation for the protection and conservation of wildlife more generally. The Office of Best Practice Regulation have advised that these amendments will have minor regulatory impacts (ID 44018).

 

The CITES Secretariat has also noted that Altiphrynoides spp. was incorrectly inserted in the
Appendices after Amietophrynus superciliaris and that when publishing the new version of the Appendices the CITES Secretariat will place Altiphrynoides spp. in the correct alphabetical order under Bufonidae. This error in ordering has been amended in the legislative instrument.

These amendments have been referred to the Joint Standing Committee on Treaties (JSCOT). As Australia is obliged to reflect the amendments in the EPBC Act and the amendments come into force internationally on 22 June 2021, this legislative instrument was lodged prior to JSCOT reporting on the amendments. The updates to the list of CITES species is consistent with Australia’s strong commitment to the Convention and to international cooperation for the protection and conservation of wildlife more generally. The amendments put into effect by this legislative instrument are considered to have little impact on Australia.              

Four of the bird species listed by Ukraine occur within Australia. Consultation revealed that only one bird species is exported from Australia (Carduelis; European goldfinch) by one exporter. The impact on trade will be minimally time consuming for the exporter. Further, the species cannot be legally imported to Australia under the Act. There are no other perceived regulatory impacts besides the above that will impact the ability of Australia to conduct legal trade in the species listed.

This update to the CITES list is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Section 42 of the Legislation Act 2003 (disallowance of legislative instruments) does not apply (see Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 15).

The legislative instrument is to commence on 22 June 2021 to align with the Convention’s Notification to the Parties 2021/026.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to safeguard the environment and biodiversity, ensuring compliance with international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The List of CITES Species Amendment (2021/026) Instrument 2021, introduced by the Australian Parliament, aims to update the list of CITES species under the Act. This amendment addresses the need to reflect changes in CITES listings as communicated by the Convention’s Notification to the Parties 2021/026, which includes updates requested by Seychelles and Ukraine. The policy objective is to maintain Australia’s commitment to the CITES Convention and to support international wildlife conservation efforts by ensuring the domestic list of regulated species aligns with the international standards. The legislative instrument will have minimal regulatory impact, mainly affecting one exporter of European goldfinch from Australia, and is set to commence on 22 June 2021 to align with international changes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection of the environment and wildlife, including those that may be adversely affected by trade, as well as the implementation of Australia's international environmental responsibilities. This Act encompasses various entities and individuals involved in activities that may impact the environment and wildlife, ensuring compliance with international agreements like the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act has a national jurisdiction, extending across Australia, and is enforced by the Minister for the Environment, who is responsible for establishing and amending the list of species under CITES for the purposes of the Act. The Act includes all species listed in Appendices I, II, and III of the Convention, as stipulated by section 303CA of the Act. This legislative instrument is designed to update the list of CITES species within the Act, ensuring it remains consistent with international obligations and amendments proposed by countries like Seychelles and Ukraine. The instrument does not specify exclusions or thresholds but operates under the broader provisions of the Act, extending its application through subordinate instruments as necessary.

Key Provisions

The key operative sections of this legislative instrument pertain to the updating of the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303CA and 303CA(9)(b), (c)). This legislative instrument amends the list of species in Appendix III of the Convention to include changes requested by Seychelles and Ukraine, and to correct an error in the alphabetical ordering of species by the CITES Secretariat. The amendments reflect the international obligations under the Convention and aim to ensure consistency with the EPBC Act. The list is updated to include the clarification for the Lodoicea maldivica species as requested by Seychelles, the addition of 31 bird species and one turtle species from Ukraine, and the correction of the placement of Altiphrynoides spp. in the correct alphabetical order. The obligations and requirements imposed by this legislative instrument on parties and entities governed by the EPBC Act include adherence to the updated list of CITES species, which now reflects the changes requested by Seychelles and Ukraine, and the correction of the alphabetical ordering of species by the CITES Secretariat. Entities involved in the import, export, and trade of these species must ensure compliance with the updated list, which may affect their ability to conduct legal trade in these species. The changes to the list, particularly the inclusion of Ukrainian populations of 31 bird species and one turtle species, require relevant parties to be aware of the updated requirements and take necessary steps to ensure compliance with the EPBC Act and the Convention. There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breach of the provisions in this legislative instrument. However, the general provisions of the EPBC Act apply, and any breach of the Act may result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the offence. The specific penalties for breaches related to the trade of endangered species under the EPBC Act and the Convention can vary, but they are designed to enforce compliance with the Act and the international obligations under the Convention.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.