State of the Environment

2001

Biodiversity Theme Report

Australia State of the Environment Report 2001 (Theme Report)
Prepared by: Dr Jann Williams, RMIT University, Authors
Published by CSIRO on behalf of the Department of the Environment and Heritage, 2001
ISBN 0 643 06749 3

Roles and Responsibilities (continued)

The international dimension

Australia's international obligations [BD Indicator 26]

As a wealthy, scientifically literate country with unusually high biodiversity, Australia arguably has both the responsibility of protecting its own biological heritage, and the capacity to assist other countries to protect theirs. Biodiversity management has many international dimensions.

Australia traditionally has been an active participant in international fora and agreements in the environment area. In some cases, there has been legislative expression of commitments under agreements, but in most cases fulfilment is pursued under policy initiatives. Recent decades have seen an increase in international instruments concerning the environment, to which Australia is a party. Table 72 identifies the principal ones, either those most directly relevant to biodiversity or which are major, overarching environmental instruments. As with domestic policy and law, however, there is a larger range of international agreements and processes of relevance to biodiversity, whether directly or indirectly. In this Report, discussion is limited to Australia's core and recent activities under the principal agreements, and brief reference to other, selected agreements and processes. As a comparison, SoE (1996) contained an Appendix identifying the full range of international agreements.

Table 72: Principle international agreements relevant to biodiversity conservation in Australia
Entry into force Title, date, place of agreement
1948 International Convention for the Regulation of Whaling, 1946, Washington
1961 Antarctic Treaty, 1959, Washington
1975 Convention on Wetlands of International Importance Especially as Waterfowl Habitat, 1971, Ramsar
1975 Convention for the Protection of World Cultural and Natural Heritage, 1972, Paris
1975 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 1973, Washington
1982 Convention on the Conservation of Antarctic Living Marine Resources, 1980, Canberra
1983 Convention on the Conservation of Migratory Species of Wild Animals, 1979, Bonn
1985 International Tropical Timber Agreement, 1983, Geneva
1993 Convention on biodiversity, 1992, Rio de Janeiro
1993 United Nations Convention to Combat Desertification in those Countries experiencing Serious Drought and/or Desertification, particularly in Africa, 1994, Paris
1994 United Nations Convention on the Law of the Sea, 1982, Montego Bay
1994 United Nations Framework Convention on Climate Change, 1992, New York
Convention on Biodiversity

The primary international agreement is the CBD (United Nations CBD 1992b, vol. 31, 818-841). Article 6 of the Convention requires parties to:

  1. Develop national strategies, plans or programs for the conservation and sustainable use of biodiversity or adapt for this purpose existing strategies, plans or programs which shall reflect, inter alia, the measures set out in this Convention relevant to the contracting party concerned
  2. integrate, as far as possible and as appropriate, the conservation and sustainable use of biodiversity into relevant sectoral or cross-sectoral plans, programs and policies.

The development of the NSCABD and subsidiary policies, discussed elsewhere in this report, and the existence of the EPBC Act fulfil the obligation at (1) in the general sense. As with most international instruments, the obligations agreed to through treaty ratification are not stated in clearly defined terms or in a testable manner, and must be interpreted in each national context.

The degree to which detail and implementation of the obligation is sufficient will always be a subject of debate over the detail of domestic policy, and is covered elsewhere in this report. The obligation at (2), in most analyses, would be fulfilled only partially, a situation that would apply in any country. The nature of biodiversity issues makes cross-sectoral policy integration both a necessary and difficult long-term task. Integration is required across domestic policies and the range of international agreements (ANZECC 2001).

From an international perspective, Australia is seen to be active in the CBD through its support of the Subsidiary Body on Scientific, Technical and Technological Advice and by organising international conferences to help improve the scientific basis of the Convention. It is also well regarded for its support of sustainable natural resource management in partner countries. For example, Australia helps Pacific countries to participate in the CBD and AusAid has supported efforts of developing countries to alleviate their environmental problems. Australia also promotes the development of the information clearing-house mechanism of the CBD.

Australia participated in the development of the Cartagena Protocol on Biosafety under Article 19(3) of the CBD. As of January 2001, the Protocol has been ratified by 81 nations and signed by two. The Protocol deals with movements of 'living modified organisms' and Australia is exploring the inclusion of capacity building for corporations involved with biosafety issues.

Other obligations under the CBD include identification and monitoring of biodiversity, in situ and ex situ conservation efforts, management for sustainable use, public education and awareness, inclusion of biodiversity in impact assessment, access to genetic resources, transfer of technology, and information exchange and scientific cooperation. On international comparison, Australia has made significant progress against these requirements although, again, whether this progress is considered sufficient is contestable (see relevant issues and biodiversity indicators in this Report).

Other international conventions and agreements

The 1999 National Principles and Guidelines for Rangelands Management fulfils Australia's obligations under the Convention to Combat Desertification. However, compared to the NSCABD, this domestic policy is not detailed and does not substantially guide decision-making through either defined processes or goals.

The EPBC Act covers Australia's obligations under the Convention for the Protection of World Cultural and Natural Heritage. The Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) is expressed in Australia through the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (under review, see Harvesting).

The Antarctic Treaty System

Australia's international obligations with respect to the Antarctic environment are discharged primarily through the Antarctic Treaty (Environment Protection) Act 1980 and the Antarctic Living Marine Resources Conservation Act 1981. Australia is an original signatory to the 1959 Antarctic Treaty and has long been influential in the Antarctic Treaty System, which provides a regime for managing activities on the Antarctic continent and in the vast surrounding Southern Ocean. The Protocol on Environmental Protection to the Antarctic Treaty was the direct result of an Australian initiative. The Protocol, which entered into force in 1998, provides comprehensive and legally binding rules to protect Antarctica's environmental values. Among other things, the Protocol requires prior assessment of the potential effects of all Antarctic activities, prohibits mining anywhere in Antarctica, regulates waste disposal and establishes a wide-ranging system of protected areas. Australia continues to provide leadership in protecting the Antarctic environment, including through the Protocol's Committee on Environmental Protection. In addition, Australia is a leading advocate within the Commission for the Conservation of Antarctic Marine Living Resources for scientifically based management and sustainable fishing in the Southern Ocean, including promotion of strong action to combat illegal, unreported and unregulated fishing for the highly valued Patagonian Toothfish.

The Ramsar Convention

Ramsar wetlands are listed under the EPBC Act as matters of 'national environmental significance'. The Ramsar Convention is an example of where international agreements may, over time, become dated or inadequate as a guide to standards of management. Although principles of 'wise use' have been developed in association with the Convention, the Convention itself may not properly reflect emerging ecological understanding and approaches to management (Farrier & Tucker 2000). This stems from the focus on wetlands rather than the total catchment, and on waterbirds rather than on the full suite of taxa dependent on wetlands. In part, such limitations are dealt with through domestic policy (e.g. catchment management and Commonwealth Wetlands Policy). But there is also need for constant evolution of approaches under international agreements and for coordination across agreements to reflect the more integrated definition and management demands of biodiversity.

The United Nations Framework Convention on Climate Change

Two international instruments and processes of apparently indirect relevance to biodiversity can be expected to assume great significance. The UNFCCC is likely to be a significant international instrument for biodiversity conservation in coming years, in two ways. First, the effects of climate change on Australia's biodiversity are expected to be significant, as discussed in the section on Human-induced climate change earlier in this report. Second, carbon sequestration and accounting, which are core to Australia's greenhouse policy response in the UNFCCC and the evolving Kyoto Protocol, have major biodiversity significance. Land clearing, as both a cause of greenhouse gas emissions and a policy response area, is a key threatening process for biodiversity.

The World Trade Organization

The WTO and related processes governing international trade are becoming more important to environment and biodiversity management. Relevant areas under WTO negotiations and emerging rules include biosafety concerns, the definition of environmental subsidies (which may conflict with free trade principles), certification of environmentally sound production methods and environmental regulation affecting trade between countries. These areas have been most explored in recent years in fisheries, especially concerning bycatch issues (Bache et al. 2000) but it may be some years before there are any positive environmental benefits from WTO discussions.

Bilateral and other non-global agreements

Australia is also party to more specific bilateral and other non-global agreements. The conservation of migratory birds is subject to the China-Australian and Japan-Australian migratory birds agreements (CAMBA and JAMBA). In the immediate region, the Convention on the Conservation of Nature in the South Pacific was made in Apia in 1976 and entered into force in 1990. The Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, which entered into force in 1990 and the Plant Protection Agreement for the Asia and Pacific Region (1956, amended 1979) also influence regional cooperation on biodiversity issues.

Australia has also been active in the 'Valdivia Group' of southern hemisphere countries who have common interests in biodiversity. This Group has addressed weed and pest species issues, and the protection of albatross under the Convention on the Conservation of Migratory Species.

Other international activities

In addition to specific agreements, Australia participates in various international processes and organisations. Recent activities in this area include:

Overseas development aid has fallen globally in recent years and this has affected biodiversity-related aid as it has affected other areas of Australia's aid program. Agenda 21 defined a target of 0.7% of gross national product (GNP) as a target for developed countries to spend on aid, a target achieved by only four Scandinavian countries in the late 1990s. Australia's overseas aid spending had fallen below 0.3% of GNP by 1997.

The issue of the effect on biodiversity of Australian activities in other countries remains only partially resolved (ANZECC 2001). The EPBC Act places obligations on the Commonwealth in this regard. Some industry sectors have voluntary codes of practice which apply to environmental responsibilities of other countries, but generally these activities are viewed by Australian firms and governments as most appropriately the subject of the environmental regulations and practices of host countries. Industry codes and activities that influence the activities of Australian companies are discussed in Plans to minimise impact of development: Corporations.

State and territory involvement in international agreements

Although international agreements are an arena of Commonwealth power and responsibility, a cooperative approach has developed in recent years with the states and territories being involved in negotiation and implementation. In some cases, particular states or territories are more directly involved. For example, the Northern Territory provided the state representative for Australia to the Subsidiary Body on Scientific, Technical and Technological Advice under the CBD and the Oceania representative on the CITES Plants Committee (Darwin hosted the 1999 meeting of the Committee). The Northern Territory also has bilateral cooperative arrangements with the South African province of Kwa-Zulu Natal through a ranger exchange program, and with Indonesia in ethnobiology.

Meeting Australia's international responsibilities

As with domestic policy and law, whether or not Australia has fulfilled its stated or possible responsibilities under international agreements is a judgment that will vary according to the values and priorities of the observer. Outstanding issues that can be expected to be the subject of public debate and, thus, are deserving of further monitoring, evaluation and future reporting include:

In many cases, enhanced public discussion and a clearer definition of expectations would inform the current debate over Australia's international role and performance in conserving biodiversity.