- Minor treaty action
- Minor treaty actions are normally technical amendments to existing treaties that do not significantly affect the national interest. They are presented to the Committee with an explanatory statement and are published on the Committee’s website unless a request for confidentiality is received and agreed to by the Committee.
- The Committee can choose to formally inquire into these treaty actions or accept them without a formal inquiry. Once considered, they are incorporated into a report of the Committee at the next opportunity.
- The Committee has been referred the following minor treaty action.
Amendment to Appendices I and II of the Convention on the Conservation of Migratory Species of Wild Animals
Referral of the proposed minor treaty action
3.4On 22 March 2024, the Assistant Minister for Foreign Affairs, TheHonTimWattsMP, referred the Amendment to Appendices I and II of the Convention on the Conservation of Migratory Species of Wild Animals (the Convention).
Background
3.5The Convention was established in 1979 with the aim of implementing measures for the conservation and sustainability of migratory species, including their habitats. Appendix I of the Convention lists endangered species while Appendix II lists species with an unfavourable conservation status. TheConvention requires states within the migratory range of species (‘range states’) to endeavour to conserve species listed in Appendix I and their habitats, and to take actions that benefit and give priority to species listed in Appendix II.
3.6In Report 189 (August 2020), the Joint Standing Committee on Treaties (JSCOT) examined amendments to the Convention and recommended that inconsistencies between the Convention and Australia’s Environment Protection and Biodiversity Conservation Act 1999 (EPBCAct), should be reviewed.
3.7In October 2020, the independent review of the EPBC Act recommended the Act be amended to ensure its wildlife permitting requirements align with Australia’s international obligations, including the species listed under Appendix I and II of the Convention.
3.8In December 2022, the Australian Government responded to the independent review and committed to streamlining and improving wildlife trade permit requirements for consistency with Australia’s international obligations. The environmental law changes outlined in the government response are expected to be progressed through stage three of the Australian Government’s EPBC Act reforms.
Proposed minor treaty action
3.9The Amendments were adopted at the 14th Conference of Parties in Samarkand, Uzbekistan (COP14) and would add 10 new species to Appendix I and 11 new species to Appendix II.These amendments refer to 14 separate species in total, with seven species being included in both appendices.
3.10Article XI of the Convention provides that, when an amendment is made to the appendices, it will enter into force for all parties 90 days after adoption, unless a party raises concerns (‘makes a reservation’) in the time frame. The amendments were adopted on 17February 2024 and enter into force on 17 May 2024. It is not anticipated to be in Australia’s interest to make reservations in relation to these amendments.
Justifications
3.11Australia is a range state for only one of the 14 new species being added, Carchariastaurus (commonly known as the Grey Nurse Shark). Australia already lists the Grey Nurse Shark as threatened under the EPBC Act, which provides protections within Australian territory at least as strong as those required by the Convention. The addition of the Grey Nurse Shark to Appendix I will not require additional fisheries management because Australia’s obligations under the Convention are already in effect.
3.12The acceptance of these amendments is consistent with Australia’s commitment to protecting and conserving migratory species. There is negligible practical, legal, and financial impact to Australia in complying with the changes to the Convention.
Legislative changes
3.13Under section 209 of the EPBC Act, a list of migratory species needs to be established and maintained by the relevant Minister. Subsection 209(3)(a) of the EPBC Act requires that all species included in Appendices I and II need to be listed. Therefore, the list will need to be updated to reflect the changes taking effect on 17May2024.
Conclusion
3.14 The Committee resolved that:
- the Amendment to Appendices I and II of the Convention on the Conservation of Migratory Species of Wild Animals be endorsed as a minor treaty action without inquiry;
- binding treaty action be recommended in relation to Amendment to Appendices I and II of the Convention on the Conservation of Migratory Species of Wild Animals.
Mr Josh Wilson MP
Chair
24 June 2024