EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
List of CITES Species Amendment (Conference 18) (Correction) Instrument 2020
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 (the Convention) 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 the Convention. Subsections 303CA(9)(b) and (9)(c) of the Act 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, a Party may propose amendments to Appendix I or Appendix II at a meeting of the Conferences of the Parties (the Conference). Amendments generally enter into force for all Parties 90 days after the conclusion of the Conference at which they were adopted, unless the Parties agree to delay implementation.
The 18th Conference of Parties of the Convention (Conference 18) (Switzerland, 17-28 August 2019) agreed to 46 amendments to Appendices I and II. The Convention’s Notification to the Parties 2019/052 (dated 3 October 2019) has advised of the species amendments adopted at Conference 18. The Conference also agreed to a number of nomenclatural changes for species already included on the Appendices. These changes were made in F2019L01492, however the Convention Secretariat subsequently notified Parties of further required amendments in Notification to the Parties 2019/067 (dated 26 November 2019).
The purpose of this amendment is to:
- rectify a misdescribed amendment in the List of CITES Species Amendment (Conference 18) Instrument 2019, by transferring the listing of Western Bristlebird (Dasyornis longirostris) from Appendix I to Appendix II as agreed at Conference 18; and to
- correctly apply the amendments agreed at Conference 18 as specified in Notification to the Parties 2019/067. This notification makes a small number of changes to the text circulated in Notification to the Parties 2019/052.
The commencement date for this instrument is 26 November 2019 to align with the original Notification to the Parties 2019/052. The retrospective commencement is necessary to ensure that the changes occur at the same time as the international list is updated.
The retrospective application of this instrument is in accordance with subsection 12(2) of the Legislation Act 2003. Subsection 12(2) of the Legislation Act 2003 provides that if a legislative instrument is registered, the instrument does not apply in relation to a person (other than the Commonwealth or an authority of the Commonwealth) to the extent that as a result of that commencement (a) the person’s rights as at the time the instrument is registered would be affected so as to disadvantage the person; or (b) liabilities would be imposed on the person in respect of anything done or omitted to be done before the instrument is registered.
The Instrument contains additional amendments reflecting changes to the official name of the Kingdom of Eswatini, formerly known as Swaziland. One of these changes is reflected in Notification to the Parties 2019/067 (for Siphonochilus aethiopicus); another (for Ceratotherium simum simum) is made for consistency throughout the list. The Instrument makes further minor amendments in line with those provided by the Convention Secretariat in Notification 2019/067 to wording of the listing notation in relation to Ceratophora aspera, Ceratophora stoddartii and Lyriocephalus scutatus, to change ‘zero quota’ for these species to ‘zero export quota’.
The Instrument 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 to this Instrument (see Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 15).
This Instrument commences on 26 November 2019.
Authority: Section 303CA of the Environment Protection and Biodiversity Conservation Act 1999.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to provide for the protection of the environment and wildlife, and to implement Australia’s international environmental responsibilities. The List of CITES Species Amendment (Conference 18) (Correction) Instrument 2020 aims to amend the list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, ensuring it aligns with the decisions made at the 18th Conference of the Parties. The instrument was enacted by the Minister for the Environment and addresses discrepancies and nomenclatural changes that were not correctly applied in a previous instrument. This correction is crucial for maintaining the integrity and effectiveness of Australia's international commitments under the Convention and ensuring that the national list of protected species accurately reflects international agreements.
Scope and Application
The List of CITES Species Amendment (Conference 18) (Correction) Instrument 2020 amends 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. The Act applies to any person, entity, or industry involved in the trade or conservation of wildlife, ensuring compliance with Australia’s international environmental responsibilities. The geographic reach of this Act is national, as it pertains to the implementation of international agreements to which Australia is a signatory. The Act applies to all species included in Appendices I, II, and III of CITES, and its application is extended through subordinate instruments to reflect amendments agreed upon at Conferences of the Parties. This legislative instrument corrects previous amendments and ensures alignment with international standards, including nomenclatural changes and quota adjustments. The retrospective commencement of this instrument ensures consistency with international updates and does not disadvantage any person unless it imposes liabilities for actions taken before its registration.
Key Provisions
The List of CITES Species Amendment (Conference 18) (Correction) Instrument 2020 amends the List of CITES Species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to correct and update species listings following the 18th Conference of the Parties (COP18) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This includes transferring the Western Bristlebird from Appendix I to Appendix II as agreed at COP18 (section 3). The instrument also incorporates nomenclatural changes and minor amendments to listing notations as specified in the Convention’s Notification to the Parties 2019/067. Additionally, it updates the official name of the Kingdom of Eswatini from Swaziland in the species listings (section 4). These changes aim to align the Australian list with the international CITES Appendices and correct previous errors in the List of CITES Species Amendment (Conference 18) Instrument 2019.
Under this instrument, the Minister for the Environment is required to ensure that the list of CITES species within the EPBC Act accurately reflects the latest amendments and nomenclatural changes agreed to by CITES Parties. This involves updating the list to include species moved between Appendices I and II and correcting any errors in the species’ official names or listing notations. The instrument mandates these updates to maintain consistency with international obligations and to effectively implement Australia's commitments under CITES (section 303CA(9)).
Parties governed by the EPBC Act, including individuals, businesses, and authorities, must comply with the updated list of CITES species. This includes adhering to the specific trade regulations and permit requirements for species listed in Appendices I and II. For example, species listed in Appendix I are subject to stricter controls on international trade to prevent exploitation incompatible with their survival, while those in Appendix II are regulated to ensure their trade is sustainable and does not threaten their populations in the wild. Entities must ensure their activities involving these species comply with the EPBC Act and CITES provisions (section 303CA).
Breaches of the EPBC Act and the associated regulations on trade in CITES species can result in significant penalties. For example, knowingly or recklessly contravening the Act can lead to fines of up to $222,200 for individuals and $1,111,100 for bodies corporate, in addition to potential imprisonment terms. The maximum penalties underscore the seriousness of non-compliance with environmental protection laws, particularly those concerning endangered species and their trade (sections 496 and 497). The Act also provides for civil penalties and injunctive relief to deter and address unlawful activities.