Document ID: chunk:federal_register_of_legislation:F2016L00043:reg:5:p1
Version: federal_register_of_legislation:F2016L00043
Segment Type: reg
Provision Reference: reg 5 (pt 1/15)
Character Range: 17984–21363

5                     Objectives

              1. Protection of important habitats for migratory shorebirds has occurred throughout the EAAF.

             2.        Wetland habitats in Australia, on which migratory shorebirds depend, are protected and conserved.

             3.        Anthropogenic threats to migratory shorebirds in Australia are minimised or, where possible, eliminated.

             4.        Knowledge gaps in migratory shorebird ecology in Australia are identified and addressed to inform decision makers, land managers and the public.

              6                    Legal Framework

              6.1                Statutory commitments relevant to
              migratory birds

The EPBC Act is the Australian Government's key piece of environmental legislation. Under the Act approval is required for any proposed action, including projects, developments, activities, or alteration of
these things, likely to have a significant impact on any of the identified matters of national environmental significance. One of these matters protected by the Act is migratory species; specifically those migratory species listed under the Convention on 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 must include:
            "(a) all migratory species that are:

              (i)  native species; and

              (ii)  from time to time included in the appendices to the Bonn Convention; and
            (b)  all migratory species from time to time included in annexes established under JAMBA and CAMBA; and
            (c) all native species from time to time identified in a list established under, or an instrument made under, an international agreement approved
            by the Minister under subsection (4). [Which includes ROKAMBA]

            The list must not include any other species."

The migratory species list established under the EPBC Act is available at: www.environment.gov.au/topics/ 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) being inconsistent with Australia's migratory species' obligations under the Bonn Convention or JAMBA, CAMBA or ROKAMBA.

  Under the Bonn Convention, species are listed on Appendix I or Appendix II (or both), with Appendix I species recognised as endangered. Appendix II species are those which have an unfavourable conservation status and which require international agreements
  for their conservation and management, as well as those which would significantly benefit from the international cooperation that could be achieved by an international agreement. All of Australia's migratory shorebird species are listed on Appendix II, Eastern curlew (Numenius madagascariensis) and Great knot (Calidris tenuirostris) are also listed on Appendix I. Endangered migratory