Migratory Birds (Amendment) Ordinance 1988 (AAT)

Overview

The Migratory Birds (Amendment) Ordinance 1988 was enacted to address deficiencies and update the Migratory Birds Ordinance 1980, which previously regulated the taking, purchasing, and possession of migratory birds within the Australian Antarctic Territory. This legislative instrument was made under the authority of the Australian Antarctic Territory Act 1954 by the Governor-General, acting on the advice of the Federal Executive Council. The policy objective of the amendment was to ensure the regulation of migratory birds aligns with Australia's international obligations concerning the protection of migratory birds and their environments. This was achieved by updating the definitions and provisions to reflect current international agreements, ensuring compliance and conservation efforts are harmonised with global standards.

Scope and Application

The Migratory Birds (Amendment) Ordinance 1988 applies to the Australian Antarctic Territory and amends the Migratory Birds Ordinance 1980. This legislation governs the taking, possession, and trade of migratory birds in the Australian Antarctic Territory, ensuring their protection and conservation in accordance with international agreements. It applies to any person or entity engaged in activities involving migratory birds within the territory, including scientific research, tourism, and other operations. The Ordinance establishes specific exemptions and conditions for permits, ensuring compliance with international conservation agreements. The geographic reach of the Ordinance is confined to the Australian Antarctic Territory, with its amendments extending the application of the original Ordinance to ensure consistency with international agreements concerning migratory birds and their habitats. The Ordinance also references the substitution of schedules and the omission of certain provisions that were previously aligned with agreements no longer in force. Subordinate instruments may further refine the application and enforcement of this legislation.

Key Provisions

The Migratory Birds (Amendment) Ordinance 1988 amends the Migratory Birds Ordinance 1980, primarily through the modification of specific sections to adapt to international agreements concerning migratory birds and their protection. Section 3 of the Principal Ordinance is amended by removing the definition of "Agreement" and subsection (2), effectively streamlining the legal framework without specifying particular agreements (sections 3(a) and 3(b)). Furthermore, sections 4 and 10 are revised by eliminating references to a purpose consistent with the Agreement in paragraphs (5)(e) and (5)(d), respectively (sections 4 and 10). This amendment suggests a shift towards a broader interpretation of permitted purposes for taking and purchasing migratory birds, aligning with international standards as they evolve (sections 4 and 10). Under this Ordinance, the amendments impose specific obligations on parties or entities involved in activities related to migratory birds within the Australian Antarctic Territory. These entities must now ensure that any actions taken with regard to migratory birds align with international agreements relating to the protection of migratory birds, birds in danger of extinction, and their environment, as in force from time to time, to which Australia is a party (section 25). This requirement is intended to promote consistency with global conservation efforts and legal standards, ensuring that Australian practices are in harmony with international obligations. The Ordinance also outlines potential consequences for non-compliance with its provisions. While the document does not specify particular offences or penalties, it is reasonable to infer that breaches of the amended provisions could lead to legal action under existing wildlife protection laws. Given the nature of the amendments, penalties might include fines, imprisonment, or both, depending on the severity of the breach and the jurisdiction's legal framework. The exact penalties would be determined in the context of the broader legal system, taking into account the specifics of any infringement and the intent behind it.