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.
The effect of this instrument is to revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 24 September 2010 is subject:
- 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 lawfully by vessels operating in waters outside the outer limits of the exclusive economic zone of all countries (High Seas) including Australia and its external territories not already covered under existing Australian fisheries management regimes.
and impose the following conditions to which the inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully under a fishing concession issued by the Australian Fisheries Management Authority and legally imported into Australia; and
- the specimens are included in the list until 23 March 2012.
Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until 23 March 2012.
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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities 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. In this instance, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities website and comment was invited from interested people for a period of 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. This Act provides a framework for the management of environmental impacts, including those related to the trade of native specimens. In 2011, amendments were introduced to modify the List of Exempt Native Specimens under Section 303DC of the Act. These amendments were designed to revoke existing conditions and impose new ones to allow the continued export of certain fish and invertebrate specimens until 23 March 2012. The changes were made after consulting with the Australian Fisheries Management Authority and considering public feedback, ensuring the modifications align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument was registered under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument amends the list of exempt native specimens under section 303DC, thereby exempting certain specimens from trade control provisions that apply to regulated native specimens. Specifically, this instrument revokes the conditions that were placed on the inclusion of specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken lawfully from the High Seas and legally imported into Australia. Instead, it imposes new conditions requiring that such specimens must be taken lawfully under a fishing concession issued by the Australian Fisheries Management Authority and legally imported into Australia. The specimens are included in the list of exempt native specimens until 23 March 2012. This amendment allows for the continued export of these specimens until the specified date. The instrument applies to entities and persons involved in the trade of these specimens and is subject to the overarching jurisdiction of the Commonwealth, with consultation requirements involving relevant ministers and authorities as specified in the Act.
Key Provisions
The primary sections relevant to this legislative instrument are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC provides the mechanism for amending this list. The instrument in question revokes existing conditions on the inclusion of certain specimens in the list and imposes new conditions, specifically relating to specimens taken from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken lawfully by vessels operating in the High Seas.
The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that any specimens included in the list of exempt native specimens must meet specific criteria. For these particular specimens, it is mandatory that they were taken lawfully under a fishing concession issued by the Australian Fisheries Management Authority and legally imported into Australia. Furthermore, the specimens must be included in the list until 23 March 2022, as specified by the new conditions imposed. Compliance with these conditions ensures that the export of these specimens continues to be permitted until the specified date.
The legislative instrument also outlines the consequences for breaches of the Act’s provisions. While specific offences and penalties are not detailed in the explanatory statement, it is understood that breaches of the EPBC Act can result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may include imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened. The maximum penalties for breaches can vary widely based on the nature and extent of the violation, and are typically detailed in the main body of the EPBC Act itself.