EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens. Specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Southern Bluefin Tuna Fishery, as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 (as amended) made under the Fisheries Management Act 1991.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- The specimens are included on the list until 22 February 2008.
For the purposes of section 12(1) of the Legislative Instruments Act 2003, the specified day for the purposes of the commencement of this instrument is 17 November 2007.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 22 February 2008, during which a reassessment of the fishery for continued export approval will be undertaken.
This decision will allow the outcomes of the Commission for the Conservation of Southern Bluefin Tuna meeting in October 2007 to be considered in the reassessment. The Commission has the responsibility to oversee global sustainability of this species and the three-month extension will enable the best available scientific information to be considered in the fishery’s export accreditation decision in February 2008.
In determining to include the above specimens in the list of exempt native specimens regard was had to the 2004 Southern Bluefin Tuna fishery assessment undertaken in accordance with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This instrument commenced on 17 November 2007.
Unique Identifying Number: EPBC303DC/SFS/2007/11
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act seeks to establish a comprehensive framework for the protection and management of Australia's biodiversity and ecosystems. The Act addresses the problem of unregulated and potentially unsustainable trade of native species by imposing trade control provisions on regulated native specimens and providing a mechanism to exempt certain specimens from these controls. The F2007L04128 legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the List of Exempt Native Specimens in accordance with Section 303DC of the Act. This amendment adds specimens of fish and invertebrates taken in the Southern Bluefin Tuna Fishery, subject to specific conditions, to the list of exempt native specimens. The policy objective of this amendment is to facilitate the continued export of these specimens until 22 February 2008, allowing time for a reassessment of the fishery in light of the best available scientific information and global sustainability considerations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in the legislative instrument F2007L04128, pertains specifically to specimens derived from fish or invertebrates within the Southern Bluefin Tuna Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This Act applies to entities and individuals involved in the lawful taking of these specimens, ensuring they comply with the conditions set forth for exemption from trade control provisions applicable to regulated native specimens. Geographically, the Act operates under the Commonwealth of Australia, extending its reach to all parties involved in the specified fishery, whether within Australia or engaged in international trade. The instrument stipulates that the exemption applies only if the specimens were taken lawfully and is valid until 22 February 2008, providing a temporary measure to allow reassessment of the fishery’s sustainability. Any exclusions or exemptions are bound by the conditions outlined, and the application of the Act may be further defined through subordinate instruments as authorised by the Minister for the Environment and Heritage.
Key Provisions
The main operative sections of this legislation, under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999, pertain to the establishment and amendment of the list of exempt native specimens (section 303DB). Specifically, this instrument (F2007L04128) seeks to add specimens from the Southern Bluefin Tuna Fishery to this list, provided they meet certain conditions. These specimens include fish or invertebrate specimens, excluding those from species listed under Part 13 of the EPBC Act, taken within the defined parameters of the Southern Bluefin Tuna Fishery Management Plan 1995. The addition of these specimens to the list of exempt native specimens is contingent upon two key notations: first, that the specimens were taken lawfully; and second, that they remain on the list until 22 February 2008.
The Act imposes several obligations and requirements on the entities and parties it governs. Primarily, it mandates that any specimens taken from the Southern Bluefin Tuna Fishery must be lawfully obtained to be eligible for exemption. This ensures compliance with existing fishing regulations and international sustainability practices. Additionally, the inclusion of these specimens on the list is time-bound, remaining in effect only until 22 February 2008, after which a reassessment will be conducted. This temporary listing allows for the consideration of the latest scientific data and recommendations from the Commission for the Conservation of Southern Bluefin Tuna, which met in October 2007. The reassessment aims to ensure that the export of these specimens aligns with global sustainability goals.
In terms of legal consequences, the Act outlines penalties and consequences for non-compliance. While the Explanatory Statement does not specify particular offences or penalties, breaches of the Act generally could result in substantial fines or even imprisonment, depending on the severity of the violation. The penalties are consistent with those provided under the Environment Protection and Biodiversity Conservation Act 1999, which can include financial penalties for individuals and corporations. These measures are designed to enforce compliance and protect the ecological sustainability of the Southern Bluefin Tuna fishery. The legislative instrument, F2007L04128, came into effect on 17 November 2007, as stipulated by section 12(1) of the Legislative Instruments Act 2003.