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 delete from the list of exempt native specimens the following specimens and any associated notations:
- 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
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 Australia’s High Seas Permits. The Department of Agriculture, Fisheries and Forestry was also consulted. 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 23 business days. All comments received were taken into account in the decision to include specimens derived from Australia’s High Seas Permits 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 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act was established to provide a framework for the protection of the environment, particularly areas of national environmental significance, and to manage the impacts of proposed actions that may affect the environment. The Act was introduced to fill a critical gap in Australia's legislative framework by offering a unified approach to environmental protection and biodiversity conservation, thereby ensuring the sustainable use of natural resources. The EPBC Act is administered by the Australian Parliament, with the Minister for Sustainability, Environment, Water, Population and Communities playing a key role in its implementation. The policy objective of the Act is to safeguard Australia's unique biodiversity and natural environments while balancing economic and social development needs.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a provision under Section 303DB for the creation of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This legislative instrument amends that list by removing certain specimens derived from fish or invertebrates taken in waters outside the exclusive economic zones of all countries, including Australia, unless these species are already listed under Part 13 of the EPBC Act. The amendment applies to any specimens derived from activities outside Australia's exclusive economic zone that are not already managed under existing Australian fisheries management regimes. The instrument was developed following consultation with relevant Commonwealth ministers and authorities, including the Australian Fisheries Management Authority and the Department of Agriculture, Fisheries and Forestry, and it was also advertised publicly for feedback. The legislative instrument is designed to align the list of exempt native specimens with current fisheries management practices and regulatory frameworks, ensuring compliance with international obligations while protecting biodiversity and ecosystem integrity.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out various provisions for the protection of the environment and biodiversity. Section 303DB of the EPBC Act establishes a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list by the Minister for Sustainability, Environment, Water, Population and Communities, subject to certain consultation requirements. In this instance, the amendment involves deleting certain specimens from the list of exempt native specimens.
The amendment made under Section 303DC concerns specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. The amendment specifically removes specimens 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, provided they are not already covered under existing Australian fisheries management regimes. This amendment aims to address the oversight of certain specimens taken in the High Seas and ensure they are subject to appropriate management and regulation.
The amendment process mandated by Subsection 303DC(3) of the EPBC Act involves consultation with relevant Commonwealth ministers, state and territory ministers, and other appropriate persons or organisations. In this case, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority and the Department of Agriculture, Fisheries and Forestry, given their respective roles in managing Australia's High Seas Permits. Additionally, the proposal was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested parties for a period of 23 business days. All comments received were taken into account in the decision to include specimens derived from Australia's High Seas Permits in the list of exempt native specimens.
In terms of compliance, entities and individuals involved in the trade of native specimens must ensure they are aware of the updated list of exempt native specimens and the associated regulations. Any breaches of the trade control provisions applicable to regulated native specimens could lead to civil or criminal penalties. The EPBC Act does not specify the exact penalties for breaches, but it is important to note that the Act provides for the imposition of fines and imprisonment for certain offences. The exact penalties would depend on the nature and severity of the offence, as well as any relevant case law and sentencing principles.