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, and
- the specimens are included in the list until 24 August 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 24 August 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 fishery’s 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.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
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 provide for the protection of the environment, particularly with regard to matters of national environmental significance. This Act was introduced to address the need for a comprehensive legislative framework that could manage and mitigate environmental impacts, including those from activities involving native species and their trade. The Australian Parliament enacted this Act to establish a unified approach to environmental protection across the nation. One of the policy objectives of the Act is to ensure that the trade of native specimens is regulated in a manner that balances economic activities with ecological sustainability. This legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act, allowing certain specimens taken from the High Seas to be exempt from trade controls, provided they meet specific conditions. This amendment was made to facilitate the continued export of these specimens until a specified date, reflecting a considered approach towards the management of fisheries resources in alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument concerns the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Specifically, it addresses specimens that are or are derived from fish or invertebrates taken lawfully by vessels operating in waters outside the outer limits of the exclusive economic zone of all countries (the High Seas), excluding those specimens that belong to species listed under Part 13 of the EPBC Act. This instrument revokes the conditions that were previously attached to the inclusion of these specimens in the list of exempt native specimens, which had been subject to certain conditions since their inclusion on 24 September 2010, and imposes new conditions. These new conditions require that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully, and that they are included in the list until 24 August 2012. The purpose of this amendment is to facilitate continued export of these specimens until the specified date. The decision to amend the list was made in consultation with relevant authorities and after inviting public comment, ensuring that all interests and considerations were appropriately considered.
Key Provisions
The main operative sections of this legislation are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This particular amendment, governed by Section 303DC, pertains to specimens derived from fish or invertebrates taken lawfully in waters outside the exclusive economic zone of Australia and its external territories. The amendment revokes previous conditions attached to these specimens and imposes new conditions, including that the specimens must be taken lawfully and remain on the list until 24 August 2012. This change allows for the continued export of these specimens until the specified date.
The Act imposes several obligations on the parties and entities it governs. Firstly, the specimens must be taken lawfully, meaning that they must comply with all applicable laws and regulations governing the fishing and collection of marine resources. This requirement ensures that the ecological sustainability of the fisheries is maintained. Secondly, the specimens must remain included in the list of exempt native specimens until 24 August 2012. This date ensures a defined period during which the export of these specimens is permitted without the need for additional permits or controls.
The Act also specifies potential consequences for breaches of its provisions. While the Explanatory Statement does not detail specific offences, penalties, or consequences within the text itself, it is understood that breaches of the EPBC Act can lead to both civil and criminal penalties. The severity of these penalties can vary depending on the nature and extent of the breach. For instance, under the EPBC Act, unauthorised activities related to the trade of native specimens can result in fines and imprisonment. The maximum penalties can include substantial fines and imprisonment terms, particularly for serious or repeated breaches. The specific penalties are detailed in the main body of the EPBC Act and are enforced by the relevant authorities to ensure compliance with environmental protection and biodiversity conservation laws.