[3] Article II prohibits both China and Australia from taking either migratory birds or their eggs unless otherwise permitted in the domestic laws of the respective country given certain circumstances.
Some of these circumstances include if such actions are for: "scientific, educational, propagative" or other purposes that align with the motives of the Agreement, the reason is to protect people or property or it is during hunting season as established in Article II.
[1] For instance, the Department of Primary Industries, Parks, Water and Environment has permitted Tasmanian Aboriginal individuals to harvest shearwaters,[4] which is a historic part of their muttonbirding tradition.
[4] This program provides information to better improve Australia's understanding of avian influenza in wild birds to protect against environmental and social impacts of diseases.
[1] In preventing harm and improving the environments of the listed birds, Australia and China considered removing the Painted Snipe from the Annex as they were found to be a different species than those that were in Asia.
[8] Further, as a member since 2006, Australia's membership in the East Asian – Australasian Flyway Site Network which was established in 1996 has assisted the encouragement and implementation of more effective conservatory measures for migratory birds.
[10] In more recent developments according to The Australian Government Department of the Environment and Energy, Australia has demonstrated initiatives interlinked with their commitment to agreements with Japan, China and Korea.
[13] As Australia provides a habitat for millions of migratory birds yearly, there is a constant need for protection to prevent extinction and sustain ecosystems.
[14][8] Due to climate change and water-resource use, inland wetlands have declined and posed a risk to bird species that heavily rely on those habitats.
For example, the 30,000 Red Knots feeding on horseshoe crab eggs in Mispillion Harbor, Delaware Bay are highly vulnerable to human alteration of this resource, or even a catastrophic storm.
[16] Changes in climates and global warming not only influence the timing in migration,[17] but also plant diversity in key habitual areas for birds due to processes like eutrophication which result in higher levels of nitrogen present in water.
[19] Rising sea levels is a threat to species that live around coastal lines and increases in forest fires is reducing bird populations due to the effects of climate change.
[26] Given the size of the Murray-Darling Basin water system, its impact on bird populations has proven to negatively influence ecosystems due to the increase in extraction, regulation and other harmful actions.
[29] Legislation protecting specific areas are limited due to political jurisdictions but contrasts with the nature of migratory species being highly cross-jurisdictional.
There has proven to be a greater need for harmonisation between state and federal responses by leveraging the EPBC Act 1999 through integrating it within the legislation to improve coordination.
[30] The complexity of treaties is evident through the implicit language used when defining key terms and often requires other legislation to provide more substantive details to support state governments in upholding protective measures.
[29] A limitation of migratory bird migration within Australia, as demonstrated by the CAMBA and other bilateral treaties, is that the national government can implement international agreements, with states tending to employ their own regulations and laws.
As a major piece of legislation at the national level, the EPBC Act 1999 lists all species under Australia's migratory agreements which have allowed for further management plans to be enacted.