List of CITES Species Amendment (2022/014019) Instrument 2022

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2022L00760 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

(Issued by the authority of the delegate for the Minister for the Environment)

 

Environment Protection and Biodiversity Conservation Act 1999

 

 

List of CITES Species Amendment (2022/014019) Instrument 2022

 

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.

Subsection 303CA(1) 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 2022/014 (dated 15 March 2022) advised that France requested the Secretariat to amend and include a new species for listing under Appendix III to the Convention. Additionally, the Convention’s Notification to the Parties 2022/019 (dated 24 March 2022) advised that Australia requested the Secretariat to amend and include new species for listing under Appendix III to the Convention.

France has requested the inclusion of Clipperton angelfish (Holacanthus lambaughi) in Appendix III to the Convention. This amendment is considered to have no practical impact for Australia. Australia did not undertake any stakeholder consultation as Australia is not a range state for the species covered by the listing request (that is, it does not occur naturally in Australia). Further, the species cannot be legally imported to Australia under the Act.

Australia has requested the inclusion of 127 Australian endemic reptiles (skinks, dragons and geckos) in Appendix III to the Convention. There has been extensive consultation with Australian state and territory governments (February 2021-January 2022), a public consultation (November 2021) and consultation with the CITES Secretariat (July 2021-September 2021), CITES nomenclature specialist (July 2021) and CITES Animal Committee (July 2021-September 2021) on these species. The Act currently regulates the export of native reptiles and reptile product.

Live native reptiles are not permitted to be exported for commercial purposes, including for the pet industry. Any export of live native reptiles currently requires an export permit, and, for live specimens, these are only available in very limited non-commercial export circumstances. Commercial products produced from reptiles must be derived from a program approved under the Act. Listing these reptiles in Appendix III to the Convention imposes no additional regulatory burden domestically but imposes requirements on international movement once outside of Australia. There are currently no known Australian businesses trading in products made or derived from these reptiles.

Consultation

Australia does not propose to enter a reservation to either amendment. The actions are consistent with Australia’s strong commitment to the Convention and 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.

The Joint Standing Committee on Treaties (JSCOT) has considered the inclusion of 127 Australian endemic reptiles in Appendix III to the Convention and endorsed the amendment as a minor treaty action. This amendment comes into force internationally on 22 June 2022. The Clipperton angelfish amendment comes into force internationally on 13 June 2022. The legislative instrument was made prior to the JSCOT reporting on the amendment.

The Department of Foreign Affairs and Trade have been consulted on both amendments.

These updates to the list of CITES species are in accordance with Australia’s international commitment to implement the Convention. The amendments put into effect by this legislative instrument are considered to have little impact on Australia.

This update to the CITES list is a legislative instrument for the purposes of the Legislation 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). Amendments to the CITES list are required in order to comply with Australia’s international obligations under the Convention. Furthermore, the assessment of whether to include species on the CITES list are decisions of a technical and scientific nature.   

The legislative instrument commences the day after registration. Schedule 1 of the legislative instrument commences on 13 June 2022, with the effect of including the Clipperton angelfish on the list, and Schedule 2 commences on 22 June 2022 for the inclusion of the 127 Australian endemic reptiles. This aligns with the commencement of the amendments advised in the Convention’s Notification to the Parties 2022/014 and 2022/019.

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) serves as the legal framework for protecting Australia's environment, including wildlife that may be impacted by international trade, and for fulfilling Australia's international environmental commitments. This Act was enacted by the Australian Parliament to address the need for a cohesive approach to environmental protection and biodiversity conservation. The Act mandates the Minister for the Environment to establish and maintain a list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ensuring that the list is updated to reflect the current international agreements. The List of CITES Species Amendment (2022/014019) Instrument 2022 amends the CITES species list to include the Clipperton angelfish, as requested by France, and 127 Australian endemic reptiles, as requested by Australia. The policy objective is to align Australia’s domestic regulations with its international obligations under CITES, thereby facilitating global cooperation in wildlife conservation. The legislative instrument was made to ensure compliance with these international commitments, with minimal regulatory impact on Australia.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, businesses, and entities that engage in activities impacting the environment, particularly in relation to the trade and protection of wildlife. The Act is a Commonwealth legislation and its provisions extend across Australia, ensuring consistent application and enforcement of environmental protection laws. The Act provides for the protection of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which includes species listed in Appendices I, II, and III. The Act allows the Minister for the Environment to update the list of species covered under CITES through legislative instruments, as mandated by subsection 303CA(1) of the Act, and these updates must reflect the current listings in the CITES Appendices. The legislative instrument in question updates the list of CITES species to include the Clipperton angelfish, as per a request from France, and 127 Australian endemic reptiles, as per a request from Australia, both under Appendix III. These amendments are intended to align Australia's domestic legislation with its international obligations under CITES and do not impose additional regulatory burdens domestically, although they impose requirements on international movement of these species once outside Australia. The instrument does not apply to species that are not listed in the updated schedules.

Key Provisions

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 (subsection 303CA(1)). Pursuant to this, the Act requires the Minister to establish a list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (the Convention) (subsection 303CA(3)). This list must include all species included in Appendices I, II and III of the Convention, and may be amended to ensure consistency with the Convention (subsections 303CA(9)(b) and (c)). The List of CITES Species Amendment (2022/014019) Instrument 2022 amends this list to include the Clipperton angelfish and 127 Australian endemic reptiles in Appendix III of the Convention. This amendment is made to comply with Australia’s international obligations under the Convention. The obligations imposed by the Act on the parties and entities it governs include ensuring that any trade in listed species complies with the Convention. This includes obtaining the necessary permits and certifications for the import, export, and transit of these species. The Act also imposes obligations on the Minister to maintain and update the list of CITES species in accordance with Australia’s international obligations under the Convention. In the case of the Clipperton angelfish, there is no practical impact for Australia as it does not occur naturally in the country and cannot be legally imported under the Act. However, the listing of Australian endemic reptiles in Appendix III imposes requirements on the international movement of these species once they are outside of Australia. Failure to comply with the obligations and requirements of the Act may result in civil or criminal penalties. For example, importing or exporting a listed species without the necessary permits and certifications may be an offence under section 319 of the Act, which carries a maximum penalty of 10 years imprisonment or a fine of up to $210,000, or both. Similarly, failing to comply with the requirements for obtaining and maintaining permits and certifications may result in civil penalties under section 535 of the Act, which may include fines of up to $63,000 for individuals and $315,000 for bodies corporate. The Act also provides for the recovery of costs incurred by the Minister in relation to the enforcement of the Act, including legal costs. Additionally, the Act provides for the imposition of additional penalties for offences committed in relation to listed species that are endangered or threatened under Australian law. In summary, the List of CITES Species Amendment (2022/014019) Instrument 2022 updates the list of species under the Convention for the purposes of the Act. This amendment is made to comply with Australia’s international obligations under the Convention and imposes obligations on parties and entities to ensure that any trade in listed species complies with the Convention. Failure to comply with the obligations and requirements of the Act may result in civil or criminal penalties, including fines and imprisonment. The Act also provides for the recovery of costs incurred by the Minister in relation to the enforcement of the Act, including legal costs.

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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.