Amendment of List of Exempt Native Specimens - Aquaculture (19/02/2010) (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, heritage places, and biodiversity through a range of measures including the regulation of trade in native specimens. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia’s environmental heritage, including native flora and fauna. The Act was enacted by the Parliament of Australia to provide a national system for the protection of the environment, particularly the nation's biodiversity, and to ensure that Commonwealth activities do not significantly impact the environment. The policy objective is to facilitate the sustainable use of natural resources while protecting the environment and heritage. In accordance with Section 303DC of the EPBC Act, this legislative instrument amends the List of Exempt Native Specimens. The purpose of this amendment is to include certain specimens on the list, thereby exempting them from the trade control provisions that apply to regulated native specimens. This amendment allows for the continued export of these specimens until 1 December 2014. The process of amending the list requires consultation with relevant Ministers and other appropriate persons and organisations, as stipulated in Subsection 303DC(3) of the Act. This legislative instrument is subject to the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to the regulation of native specimens that are exempt from the trade control provisions typically applied to regulated native specimens. This amendment specifically involves the addition of certain specimens to the list of exempt native specimens, thereby allowing their continued export until 1 December 2014. The Act applies to individuals and entities involved in the export of native specimens, particularly those who would otherwise be subject to trade controls. The geographic scope of the Act is national, given that it is a Commonwealth Act, thereby extending its reach across all states and territories within Australia. There are no explicit exclusions or exemptions mentioned in the text, but the legislative instrument does note the necessity for the Minister for the Environment, Heritage and the Arts to consult with relevant Commonwealth and State/Territory Ministers, as well as other appropriate persons and organisations, before amending the list. The legislative instrument is registered and operates under the Legislative Instruments Act 2003, commencing on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of the F2010L00517 legislation (EPBC303DC/SFS/2010/04) amend the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DB). This amendment involves the inclusion of specific native specimens in the list of exempt native specimens. Specimens on this list are exempt from the trade control provisions that apply to regulated native specimens, facilitating their continued export until 1 December 2014. The instrument lists the specimens to be included in this category, providing clear identification and associated notations detailed in the Schedule of the legislation. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that the Minister for the Environment, Heritage and the Arts must consult with appropriate Commonwealth Ministers and State/Territory Ministers before amending the list of exempt native specimens (subsection 303DC(3)). This consultation requirement ensures that the interests and considerations of all relevant stakeholders are taken into account. Additionally, the Minister may consult with other persons and organisations deemed appropriate, further broadening the scope of input and oversight. There are potential consequences for breaches of the provisions outlined in this legislation. Although specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the text, the broader EPBC Act includes provisions for penalties for non-compliance. Offences under the EPBC Act can result in substantial fines and, in severe cases, imprisonment. For example, unauthorised trade of regulated native specimens can incur significant penalties. The specific maximum penalties would be determined based on the nature and severity of the breach, in accordance with the general provisions of the EPBC Act.