Instrument

Date of entry into force

Description / Purpose / Relevance to marine invertebrates or their conservation

Given effect in Australia by:

(legislation)

Provisions (relevant to marine invertebrate conservation)

General

Convention on the Continental Shelf 1958

Entry into force generally 10 June 1964

Sedentary marine organisms are protected from unjustified interference arising from the exploitation of gas, petroleum and other minerals on the Continental Shelf.

Continental Shelf (Living Natural Resources) Act 1968

The Minister may prohibit the taking of species, restrict the harvesting of certain species or sizes, restrict fishing gear as well as restricting the quantity of catch. Licences may be issued permitting the holder to take species in such quantities as specified. Does not apply to marine organisms subject to joint fishery agreements between the Commonwealth and the States

United Nations Convention on the Law of the Sea (UNCLOS) 1982

Entry into force for Australia 16 November 1994

This is a framework convention governing all aspects of ocean space and its uses, such as delimitation, environmental control, marine scientific research, economic and commercial activities, transfer of technology and the settlement of disputes relating to ocean matters. It allows coastal states to claim six maritime zones: Territorial Seas, Contiguous Zones, Exclusive Economic Zones (EEZ), Continental Margins, Archipelagic Waters and Internal Waters. Chapter XII of the Convention covers protection and preservation of the marine environment. It imposes international obligations to conserve and sustainably manage living and non-living resources in the Australian EEZ, the continental shelf and the territorial sea. The Convention also imposes obligations with respect to preventing, reducing and controlling pollution and also in preventing transfer of pollution through technologies or introduction of harmful species.

Maritime Legislation Amendment Bill 1993

(Parts II, V and VI)

General relevance

Instrument

Date of entry into force

Description / Purpose / Relevance to marine invertebrates or their conservation

Given effect in Australia by:

(legislation)

Provisions (relevant to marine invertebrate conservation)

Species and biodiversity conservation

Convention on Biological Diversity 1992

Ratified by Australia 18 June 1993

The objectives of this convention are: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. This includes appropriate access to genetic resources and, by appropriate transfer of relevant technologies, taking into account all rights over those resources and technologies.

General relevance

Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 (CITES)

Entry into force for Australia 27 October 1976

This Convention regulates trade in species threatened with extinction. There are three Appendices, each of which contain a list of species afforded certain protection from trade and are subject to varying degrees of regulation.

Appendix I includes all species threatened with extinction which are or may be affected by trade; the export, import or re-export of these species requires a permit or certificate issued by the export, import and re-export state. These can be issued only if certain conditions are met, including that the trade will not be detrimental to the survival of the species.

Appendix II includes species which although not now threatened with extinction may become so if trade is not strictly regulated, and other species that must be regulated in order to bring trade in the first category of species in the Appendix under effective control; the export of these species requires only an export or re-export permit or certificate.

Appendix III includes all species that any State Party identifies as being subject to regulation within its jurisdiction.

The Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001[178]

The object of this legislation is to comply with the obligations of Australia under the Convention and otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries.

Convention on Conservation of Migratory Species of Wild Animals (Bonn Convention) 1979

Entry into force for Australia 1 September 1991

This Convention aims to provide a framework mechanism for international cooperation for the conservation and management of migratory species, and to identify endangered migratory species in need of urgent conservation measures at national level. Appendix II contains species to be subject of cooperative international conservation and management agreements.

The Convention has mostly been used to list marine mammals such as whales and dolphins; some terrestrial invertebrates have been listed (e.g., the Monarch or Milkweed butterfly, Danaus plexippus, to protect over wintering sites in the USA and Mexico; Yen and Butcher 1997).

Possible but unlikely application

Instrument

Date of entry into force

Description / Purpose / Relevance to marine invertebrates or their conservation

Given effect in Australia by:

(legislation)

Provisions (relevant to marine invertebrate conservation)

Habitat / site protection

Convention for the Protection of the World Cultural and Natural Heritage 1972

Entry into force generally 17 December 1975

This Convention establishes a scientific system for permanent protection of cultural and natural heritage of outstanding universal value. The most significant aspect of this Convention is the development of the World Heritage List. Natural heritage encompasses physical and biological formations of outstanding universal value for aesthetic or scientific reasons; geological and physiographical formations and the habitat of threatened species of animals and plants of outstanding value for scientific or conservation reasons; and natural sites of outstanding universal value from the point of view of science, conservation or natural beauty (Article 2). Member countries must ensure that they identify, protect, conserve and present their listed World Heritage properties.

Environmental Protection and Biodiversity Conservation Act 1999 (replaced the World Heritage Properties Conservation Act 1983)

General relevance for marine invertebrates in World Heritage sites.

Convention on Wetlands of International Importance especially as Waterfowl Habitat (RAMSAR Convention) 1971

Entry into force generally 21 December 1975

The RAMSAR Convention aims to stem the loss of wetlands and to ensure conservation of wetlands for their importance in ecological processes as well as their rich fauna and flora. Other goals include establishing wetlands within nature reserves and providing adequate protection and wardenship of wetland areas. It also promotes the training of personnel in wetland research and management. It includes a List of Wetlands of International Importance, including 53 sites in Australia, although most of these are freshwater.

Although it is used primarily to protect wetlands of importance to birds, there is no reason why invertebrates cannot be used to identify wetland sites of conservation importance (Collins 1987).

Wetland conservation (including saltmarshes and mangroves)

Instrument

Date of entry into force

Description / Purpose / Relevance to marine invertebrates or their conservation

Given effect in Australia by:

(legislation)

Provisions (relevant to marine invertebrate conservation)

Particular geographical areas

Antarctic Treaty 1959

Entry into force for Australia 23 June 1961

The objective of this treaty is to ensure that Antarctica (defined as the area south of 60°S latitude) is used for peaceful purposes and scientific investigation. This treaty allows freedom of movement and scientific research on and around the Antarctic continent. It does not directly provide for environmental protection although the Parties do have responsibilities with respect to the preservation and conservation of living resources in Antarctica under Article IX (Herriman et al. 1997).

Antarctic Treaty Act 1960

General relevance to Antarctic taxa and habitats

Protocol to the Antarctic Treaty on Environmental Protection (Madrid Protocol) 1991

Entry into force generally 14 January 1998

The Madrid Protocol is designed to ensure the ‘comprehensive protection of the Antarctic environment and dependent and associated ecosystems’ and to designate Antarctica as ‘a natural reserve, devoted to peace and science’ (Article 2), with priority given to scientific research. It adopts a set of environmental principles for the planning and conduct of all activities in the Antarctic area, including avoidance or limitation of adverse environmental or ecological impacts; regular monitoring; and environmental impact assessment prior to any notifiable activity in the area. 

Antarctic Treaty (Environment Protection) Act 1980

Covers examination of proposals or actions taken by, or on behalf of, the Commonwealth government, protection of Antarctic wildlife, and protection of areas of outstanding ecological and scientific importance.

Agreed Measures for the Conservation of Antarctic Fauna and Flora

This establishes a system to protect wildlife and its habitats in Antarctica.

General relevance to Antarctic taxa and habitats

Convention on the Conservation of Antarctic Marine Living Resources 1980 (CCAMLR)

Entry into force generally 7 April 1982

This Convention was introduced in response to the fishing of krill in Antarctic waters. The core objectives of CCAMLR are conservation of marine living resources and protection of the ecosystem, as opposed to exploitation, although the term `conservation' includes rational use. CCAMLR introduces an `ecosystem' approach to the management of marine living resources, for instance by taking into account effects of fisheries on other Antarctic species (although the ability of the Convention to control overfishing has been challenged). The Convention covers not only the area south of 60°S latitude (as in the Antarctic Treaty 1959) but also `the Antarctic marine living resources of the area between that latitude and the Antarctic Convergence which form part of the Antarctic marine ecosystem' (Article I).

Antarctic Marine Living Resources Conservation Act 1981

Applies to all Australians and Australian vessels and to foreigners and foreign vessels within the 200 nm Australian EEZ. Makes it an offence to harvest or undertake research on any species of living marine organism without a permit, unless permitted under another Commonwealth law.

Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (SPREP) 1986

Entry in force generally 18 August 1990

To protect and manage the natural resources and environment of the South Pacific Region.

General relevance (although not to Australia directly).

Instrument

Date of entry into force

Description / Purpose / Relevance to marine invertebrates or their conservation

Given effect in Australia by:

(legislation)

Provisions (relevant to marine invertebrate conservation)

Particular geographical areas - continued

Convention on the Conservation of Nature in the South Pacific Region 1976 (Apia Convention)

Entry into force generally 26 June 1990

This international convention establishes a broad framework for nature conservation in the South Pacific region. Of particular importance is the protection of migratory and endangered species, and the preservation and management of wildlife habitats and terrestrial ecosystems.

General relevance (although not to Australia directly).

Torres Strait Treaty 1978

Entry into force 15 February 1985

Australia and Papua New Guinea concluded this Treaty in 1978 and it came into force in February 1985. Both parties must initiate legislative or alternate measures to protect and preserve the traditional way of life of the native inhabitants and the marine environment in and around the protected zone established by the Treaty.

Torres Strait Fisheries Act 1984

In part administered by Fisheries Management Notices  (e.g., Torres Strait Prawn Fisheries restriction on gear (2002)).

Instrument

Date of entry into force

Description / Purpose / Relevance to marine invertebrates or their conservation

Given effect in Australia by:

(legislation)

Provisions (relevant to marine invertebrate conservation)

Threatening processes – pollution

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters (London Dumping Convention) 1972

Amendments to Annexes 1978, 1980, 1989, 1993

Entry into force for Australia 30 August 1975

1979, 1981, 1990, 1994

This Convention controls dumping from ships, aircraft or platforms.

The 1993 Amendment concerned the phasing out of sea disposal of industrial waste. It was accepted for Australia in 1994, except in relation to jarosite waste, where the option of dumping at sea was retained for a short while after the January 1996 deadline, but not beyond December 1997.

Environmental Protection (Sea Dumping) Act 1981

Controls dumping from ships, aircraft, platforms or other man-made structures in Australian waters and from Australian ships and aircraft in any sea

International Convention for the Prevention of Pollution from Ships (MARPOL 1973),

and

Protocols I and II

Did not enter into force, but given effect, with modifications and additions, through subsequent signing of the 1978 Protocol

This Convention is designed to “prevent pollution of the marine environment by the discharge of harmful substances or effluents containing such substances” from ships.

The Convention includes five technical Annexes. Annexes I, II, III and V, which deal with oil, noxious liquids, packaged harmful substances and garbage, entered into force between 1983 and 1992. Under the Convention, most sea areas are considered to have an adequate level of protection, but where additional protection is required, MARPOL can designate an area as a special area and impose correspondingly more stringent restrictions on the disposal of harmful substances. A special area is defined as “a sea area where for recognised technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by oil, noxious liquid substances, or garbage…. is required”.

Important controls on oil and ballast water discharge are defined under Regulations 9 and 15 of the Schedule 3 Annex (Amendments to the 1978 Protocol). These deal with requirements for control and management of oil pollution and dirty ballast water discharge, including conditions under which ballast can be carried in cargo tanks.

The International Maritime Organisation (IMO) is currently undertaking a major revision of Annex II MARPOL (see Crayford 1999), in response to developments (including improvements in ship technology, better knowledge of the impacts of chemicals on the marine environment, etc.) which have made it necessary for the IMO to reconsider the criteria used to assign “pollution category” and “ship type”.

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

This Act ratifies Annexes I, II, III and V, which deal with oil, noxious liquids, packaged harmful substances and garbage (respectively)

Instrument

Date of entry into force

Description / Purpose / Relevance to marine invertebrates or their conservation

Given effect in Australia by:

(legislation)

Provisions (relevant to marine invertebrate conservation)

Threatening processes – pollution - continued

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

Acceded to by Australia in May 1992

This convention puts an onus on exporting countries party to the Convention to ensure environmentally sound management of hazardous wastes in importing countries. Its purpose is to minimise such movements and control essential ones. It seeks to minimise generation of hazardous waste; ensure adequate disposal facilities are available; control and reduce international movements of hazardous waste; ensure environmentally sound management of wastes; and prevent and punish illegal traffic.

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Relevant to control of marine pollution.

Protocol for the Prevention of Pollution of the South Pacific Region by Dumping

Australia has not yet ratified this Treaty

Relevant to control of marine pollution.

Threatening processes – environmental change

Vienna Convention for the Protection of the Ozone Layer 1985

Entry into force 22 Sept. 1988

Formulated to protect the ozone layer from modifications due to human activities.

Relevant to mitigate impacts of ozone depletion (e.g., effects on corals).

Montreal Protocol on Substances that Deplete the Ozone Layer 1987 (plus Amendments in 1992 and 1994)

Entry into force January 1989

Multilateral international treaty to provide agreements for reducing and depleting ozone producing substances. Follows on from, and is related to, the earlier Vienna Convention.

Ozone Protection Act 1989

Controls the manufacture, import and export of ozone depleting substances.

United Nations Framework Convention on Climate Change (UNFCCC) 1992

Entry into force for Australia March 1994

The UNFCCC provides the focus for international action to address the threat of climate change. The objective of this treaty is to achieve ‘stabilisation’ of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.

Recognition of climate change issues which are seen as a major threatening process for marine invertebrates

Instrument

Date of entry into force

Description / Purpose / Relevance to marine invertebrates or their conservation

Given effect in Australia by:

(legislation)

Provisions (relevant to marine invertebrate conservation)

Threatening processes – pollution - continued

Kyoto Protocol to the United Nations Framework Convention on Climate Change 1997

Signed April 1998 but not yet ratified

The Kyoto Protocol on Climate Change committed Parties to achieving quantified emissions limitations and reduction targets, through various measures.

Article 3 included requirements in relation to Parties individually, or jointly, to ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of greenhouse gases listed under Annex A of the Convention did not exceed assigned amounts (calculated to commitments under Annex B) and with a view to reducing overall emissions of such gases in developed countries by at least 5% below 1999 levels in the period 2008 to 2012 (called the 2010 budget period). The conference adopted differential targets of which Australia's was 8% growth above 1990 levels.

Attempts to address climate change issues which are seen as a major threatening process for marine invertebrates