5.1 OBLIGATIONS TO PRESERVE BIODIVERSITY

Biological diversity or biodiversity refers to the variety and variability of life forms and ecosystems which exist on the earth. Biodiversity encompasses ecosystem diversity, species diversity and genetic diversity. Australia is numbered amongst the world's twelve most biologically diverse countries²⁸³ In addition to possessing a high degree of species diversity, Australia has a high proportion of species which are endemic²⁸⁴

Conservation of biodiversity has emerged internationally as one of the issues of greatest environmental concern, comparable in importance to soil and water degradation, ozone layer depletion and the greenhouse effect²⁸⁵ Conservation of biological diversity requires the preservation or integral protection, maintenance, sustainable use, recovery and enhancement of the components of biological diversity²⁸⁶

The Committee notes with concern that the most significant problem associated with the discharge of ballast water into Victorian coastal waters is the threat to biodiversity.

5.1.1 International Conventions

In 1992, the United Nations Conference on Environment and Development adopted a convention and a set of guidelines on biodiversity. The convention recognised the importance of biodiversity:

..for evolution and for maintaining life sustaining systems of the biosphere'²⁸⁷

On 18 June 1993 Australia ratified the Convention on Biological Diversity. Provision (h) in Article 8 of the Convention is particularly relevant to exotic organism introductions for it states that one of the Convention's goals is to:

...prevent the introduction of, [to] control or [to] eradicate those alien species which threaten ecosystems, habitats and species.

The Convention obliges Australia and other signatory nations to conserve biodiversity and promote the recovery of threatened species and ecosystems. The Committee notes that the Convention on Biological Diversity binds the Australian Crown, and thus the Crown in right of the State of Victoria.

Australia is also party to a large number of other international agreements that are relevant to the conservation of biological diversity (Table 5).

5.1.2 The Ramsar Convention

Within the international context, the 1975 Convention on Wetlands of International Importance (Ramsar) is particularly relevant to the Committee's Inquiry. The Ramsar Convention is an international treaty which aims to halt the worldwide loss of wetlands and to conserve those that remain. The Australian Government implements Ramsar through the Australia and New Zealand Environment and Conservation Council (ANZECC). Ramsar management measures required to ensure wise use of wetlands include an:

...obligation to refrain from introducing invasive alien species, and to take preventative measures to minimise the risk of accidental introductions²⁸⁸

At the State level, State Governments implement the Convention. Significantly, the Committee notes that ten sites of international significance have been listed for Victoria under Ramsar. Four of these sites have the potential to be directly affected by the introduction of exotic organisms into Victorian coastal waters:

· Corner Inlet
· Port Phillip Bay (Western Shoreline) and Bellarine Peninsula
· Western Port
· Gippsland Lakes

5.1.3 National Agreements

At the Australian national level, a number of initiatives have been agreed to by governments which contribute to efforts for the conservation of biological diversity. These include the National Strategy for Ecologically Sustainable Development, the InterGovernmental Agreement on the Environment, the National Forest Policy Statement and the Australian National Strategy for

TABLE 5
Select listing of regional and multilateral environmental agreements relevant to the conservation of biodiversity to which Australia is a signatory.

Date	Treaty or Agreement
1946 1952 1974 1974 1975	International Convention for the Regulation of Whaling International Plant Protection Convention Japan-Australia Migratory Birds Agreement (JAMBA)* Convention for the Protection of the World Cultural and Natural Heritage Convention for the Protection of the World Cultural and Natural Heritage (World Heritage Convention)
1975 1978 1985	Convention on Wetlands of International Importance (Ramsar) International Convention for the Prevention of Pollution from Ships (MARPOL ) Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (London Dumping Convention)
1982 1986	United Nations Convention on the Law of the Sea China-Australia Migratory Birds Agreement (CAMBA)#
1990	Convention on the Conservation of Nature in the South Pacific
1990 1990	Convention on the Protection of the Natural Resources and Environment of the South Pacific Region (SPREP) Protocol for the Prevention of Pollution of the South Pacific Region by Dumping
1992	United Nations Convention on Biodiversity
1992	Convention on the Control of Transboundary Movements and Their Disposal (The Basel Convention) *Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment signed at Tokyo on 6 February 1974. #Agreement between the Government of Australia and the Government of the People's Republic of China for the Protection of Migratory Birds and their Environment (CAMBA) signed at Tokyo on 6 February 1974.

Source: Table compiled with reference to: Mercer, D (1995) 2nd Ed. "A Question of Balance" Natural Resources Conflict Issues in Australia, Federation Press, Parliament of Victoria Environment and Natural Resources Committee (1994) Report on the Environmental Impact of Commonwealth Activities and Places in Victoria, L.V. North Government Printer, and Nairn, M.E., Allen, P.G., Inglis, A.R. & Tanner, C. (1996) Australian Quarantine: a Shared Responsibility. Department of Primary Industries and Energy, Canberra.

the Conservation of Australian Species and Communities Threatened with Extinction.

The 1996 National Strategy for the Conservation of Australia's Biological Diversity recognises that²⁸⁹

The conservation of biological diversity provides significant cultural, economic, educational, environmental, scientific and social benefits for all Australians.

It also states that:

There is a pressing need to strengthen current activities and improve policies, practices and attitudes to achieve conservation and sustainable use of biological diversity.

5.1.4 Biological invasions and biodiversity

Biological invasions are a major threat to biodiversity. Many species of plants, animals and micro organisms have been introduced into Australia and have had significant impacts on Australia's biodiversity through species extinction and habitat degradation.

The National Strategy for the Conservation of Australia's Biological Diversity recognises the Commonwealth's responsibility to control alien species. The loss of biological diversity cannot be slowed unless its underlying causes are directly confronted. The National Strategy therefore states as a principle that:

It is vital to anticipate, prevent and attack at source the causes of significant reduction or loss of biological diversity²⁹⁰

The strategy also requires that well-resourced programs be developed and implemented to:

...ensure effectiveness and consistency of regulations governing the control of alien species, including their deliberate or unintended release or spread²⁹¹

and

...develop contingency plans and have the capacity to ensure rapid eradication of any newly established and unwanted alien species or populations²⁹²

In addition, the Strategy clearly directs that particular attention be paid to:

...strengthened risk assessment procedures for identification of potentially harmful species, their entry, establishment and control²⁹³

and

...reducing unintentional introductions such as microorganisms or marine organisms in ballast water²⁹⁴

5.1.5 Summary

The Committee recognises Victoria's obligation and commitment to conserving biological diversity. The practice of uncontrolled ballast water discharge is not an environmentally defensible practice. If unchecked it will continue to have significant and negative impacts on the ecological processes associated with Victorian coastal ecosystems.

International, national and State agreements oblige Victoria to conserve biological diversity in Victorian coastal waters. Under such agreements, Victoria must prevent, eradicate and manage the introduction of exotic species into Victorian coastal waters, including through ship's ballast water and hulls.