EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the list of exempt native specimens in accordance with Section 303DC
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
This instrument deletes from the list of exempt native specimens a number of specimens produced in aquaculture facilities, as set out in Appendix 1 to the instrument.
This instrument then includes in the list of exempt native specimens, specimens that are derived from fish or aquatic invertebrates or aquatic plants, other than specimens that belong to species listed under Part 13 of the EPBC Act and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s Convention on International Trade in Endangered Species of Wild Fauna and Flora list) produced in aquaculture facilities operating in accordance with the relevant legislation in New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, and Western Australia with the following notations:
- The specimen, or the fish or invertebrate from which is was derived, was produced lawfully in an aquaculture facility
- The specimens are included in the list until 25 November 2016.
The effect of this instrument is to delete a number of obsolete aquaculture entries from the list of exempt native specimens, and to extend the export approval for lawfully produced aquaculture specimens from 26 November 2015 until 25 November 2016. This instrument also simplifies the list of exempt native specimens by moving from species based aquaculture inclusions, to jurisdiction based aquaculture inclusions.
In determining to include the specimens in the list of exempt native specimens regard was had to the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. Those guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment must consult such other Commonwealth minister or ministers and such other minister or ministers of each state and self-governing territory, as the minister considers appropriate. The minister may also consult with such other persons and organisations as the minister considers appropriate. The Delegate of the Minister for the Environment consulted with the relevant State and Territory fisheries agencies that have management responsibilities for the specimens concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may have a significant impact on the environment. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity, ecosystems, and heritage places of national and international significance. The EPBC Act establishes a list of exempt native specimens under Section 303DB, which excludes certain specimens from the trade control provisions that apply to regulated native specimens. In accordance with Section 303DC, an amendment was made to the list of exempt native specimens, deleting a number of specimens produced in aquaculture facilities and including specimens derived from fish, aquatic invertebrates, or aquatic plants produced in aquaculture facilities operating in accordance with relevant legislation in New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, and Western Australia, with specific notations. This amendment was enacted by the Minister for the Environment, who consulted with relevant State and Territory fisheries agencies before making the amendment, in line with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates the trade of native specimens to protect Australia’s biodiversity. Under section 303DB, the Act includes a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument amends the list of exempt native specimens by removing certain specimens produced in aquaculture facilities and adding new entries for specimens derived from fish, aquatic invertebrates, or aquatic plants produced in compliance with relevant state and territory legislation. This amendment applies to aquaculture facilities operating in New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, and Western Australia, provided the specimens are produced lawfully and are not from species listed under Part 13 of the EPBC Act or taxa listed under section 303CA. The changes simplify the list by shifting from species-based to jurisdiction-based inclusions and extend the export approval for these specimens until 25 November 2016. The amendments reflect the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and were made after appropriate consultation with relevant state and territory fisheries agencies.
Key Provisions
The key operative sections of this legislative instrument, as referenced in Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the amendment of the list of exempt native specimens (Section 303DB). Specifically, this instrument removes certain aquaculture specimens from the list of exempt native specimens, as detailed in Appendix 1, and adds new entries for specimens derived from fish, aquatic invertebrates, or aquatic plants produced in aquaculture facilities across various Australian states and territories. These new entries are subject to specific conditions, such as being produced lawfully and being included in the list until 25 November 2016.
In terms of obligations and requirements, this Act imposes clear criteria on parties involved in the aquaculture industry. Entities must ensure that any specimens they produce are included in the list of exempt native specimens and comply with the specified conditions. This includes adherence to relevant state and territory legislation and the requirement that the specimens be produced lawfully. Additionally, the Act mandates consultation with relevant state and territory fisheries agencies by the Minister for the Environment before making amendments to the list of exempt native specimens.
The Act also outlines potential consequences for non-compliance. While the explanatory statement does not explicitly detail offences, penalties, or specific civil or criminal consequences, it is reasonable to infer that breaches of the conditions or failure to comply with the requirements could lead to legal action under the EPBC Act. Given the nature of environmental legislation, penalties for non-compliance could include fines, imprisonment, or both, depending on the severity and intent behind the breach. The specific maximum penalties would be defined within the broader provisions of the EPBC Act and any related regulations.