EXPLANATORY STATEMENT
(Issued by the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of CITES Species for the purposes of the Act
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) 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. 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 CITES.
Under Resolution Conf. 12.11 (Rev. CoP16), the Conference of Parties to CITES may adopt
nomenclature recommendations made by CITES’ Animals Committee and Plants Committee, with
regard to species and subspecies listed in the Appendices. Nomenclature recommendations adopted by
the Conference of the Parties enter into force for all Parties 90 days after the Conference at which they
were adopted.
The 17th Conference of Parties to CITES (CoP17) (South Africa, 24 September to 4 October 2016)
adopted numerous nomenclature changes to species listed in Appendices I, II and III. The
16th Conference of the Parties (CoP16) (Thailand, 3-14 March 2013) also adopted several nomenclature
changes, not all of which have been incorporated into the List of CITES Species.
CoP16 amendments entered into force for Australia on 12 June 2013. CoP17 amendments entered into
force for Australia on 2 January 2017. The purpose of this Instrument is to amend the List of CITES
Species for the purposes of the Act consistent with nomenclature changes adopted by CoP16 and
CoP17. This Instrument ensures that the list is consistent with international CITES listings. The action is
consistent with Australia’s strong commitment to CITES and to international cooperation for the
protection and conservation of wildlife more generally.
In addition to the nomenclature amendments adopted at CoP16 and CoP17, the Instrument contains
amendments to the annotation for the listing of Dypsis decaryi (feather palm). This annotation was
incorrectly reflected in the List of CITES Species and has been amended to ensure consistency with the
species’ listing under CITES.
Amending the List of CITES Species for the purposes of the Act as outlined will not have an impact on
Australia. The majority of changes relate to the updating of species names already listed under the Act
and adding newly identified species that were previously included under different species groupings.
This Instrument is considered to be minor or machinery in nature and does not alter existing
arrangements. For this reason, consultation was not conducted. As the amendments will not have any
regulatory impact on Australia, a Regulatory Impact Statement is not required.
The Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
This Legislative Instrument is compatible with human rights as it does not raise any human rights
issues.
Authorised Version Explanatory Statement registered 07/04/2017 to F2017L00394
Authority: sections 303CA(9)(b) and (c) of the Environment Protection and Biodiversity Conservation
Act 1999.
2 registered 07/04/2017 to F2017L00394
Authorised Version Explanatory Statement