Document ID: chunk:federal_register_of_legislation:F2022L00775:reg:4:p7
Version: federal_register_of_legislation:F2022L00775
Segment Type: reg
Provision Reference: reg 4 (pt 7/12)
Character Range: 26544–29665

Australian Government uses the EPBC Act to protect and manage threatened, migratory and marine species in the marine environment. Marine species are listed under the EBPC Act and includes sea snakes, seals, crocodiles, Dugong (Dugong dugon), marine turtles and all birds that occur naturally in Commonwealth marine areas.
Once listed as a marine species under the EPBC Act, it becomes an offence to kill, injure, take, trade, keep or move of any listed marine species in or on a Commonwealth area.
The marine species list established under the EPBC Act is available at: http://www.environment.gov.au/marine/marine-species/marine-species-list.

 Migratory species
The EPBC Act is the Australian Government's key piece of environmental legislation. Under the EPBC Act, actions that have, or are likely to have, a significant impact on nationally protected matters require approval from the Australian Government Minister for the Environment. One of these matters protected by the Act is migratory species; specifically those migratory species listed under the Convention on the Conservation of Migratory Species of Wild Animals (also known as the CMS or the Bonn Convention; www.cms.int/) and bilateral migratory bird agreements with Japan (JAMBA), China (CAMBA) and the Republic of Korea (ROKAMBA).
Australia's list of migratory species is established under Section 209 of the EPBC Act and is available at: http://www.environment.gov.au/biodiversity/migratory-species.

 Section 211(A to E) of the EPBC Act prohibits the killing, injuring, taking, trading, keeping or moving of any migratory species in or on a Commonwealth area, although certain exemptions are allowed for in Section 212. For places outside of Commonwealth areas, the EPBC Act prevents actions (Section 140) or approvals under Strategic Assessments (Section 146L) that are inconsistent with Australia's migratory species' obligations under the CMS, JAMBA, CAMBA or ROKAMBA.

10 Wildlife Conservation Plan for Seabirds
                                           Legal framework

Under the CMS, species are listed on Appendix I or Appendix II (or both), with Appendix I species recognised as endangered. Parties to the Convention that are Range States of a migratory species commit to prohibiting the taking of animals listed in Appendix I, and endeavour:
      to conserve and, where feasible and appropriate, restore those habitats of the species which are of importance in removing the species from danger of extinction;
      to prevent, remove, compensate for or minimize, as appropriate, the adverse effects of activities or obstacles that seriously impede or prevent the migration of the species; and
      to the extent feasible and appropriate, prevent, reduce or control factors that are endangering or are likely to further endanger the species, including strictly controlling the introduction of, or controlling or eliminating, already introduced exotic species.

Appendix II species are those that have an unfavourable conservation status and which require international agreements for their conservation and management, as well as