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 include the following specimens in the list of exempt native specimens:
- 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 (other than a species listed in the conservation dependent category), taken by Australian flagged vessels operating under Australia’s High Seas Permits issued by the Australian Fisheries Management Authority 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
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 18 May 2018.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 18 May 2018.
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 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 provide for the protection of the environment, particularly in relation to matters of national environmental significance. It was introduced to address the need for comprehensive environmental protection and management, particularly concerning biodiversity and ecosystems. This Act was passed by the Parliament of Australia and its policy objective is to ensure the sustainable use and conservation of Australia's biodiversity and ecological heritage. The legislation in question amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act to include specimens derived from fish or invertebrates taken by Australian-flagged vessels in High Seas waters, subject to certain conditions and restrictions. This amendment aims to facilitate the continued export of these specimens until 18 May 2018, while ensuring compliance 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 of the List of Exempt Native Specimens targets fish and invertebrate specimens, excluding those species listed under Part 13 of the EPBC Act (excluding conservation dependent species), taken by Australian flagged vessels operating under Australia’s High Seas Permits issued by the Australian Fisheries Management Authority in waters beyond the exclusive economic zones of all countries. These specimens are granted exemption from the trade control provisions applicable to regulated native specimens, subject to the condition that they were taken lawfully. The exemption applies to specimens included in the list until 18 May 2018, facilitating continued exportation of these specimens until that date. The amendment process involved consultations with relevant Commonwealth ministers, the Australian Fisheries Management Authority, the Department of Agriculture, Fisheries and Forestry, and invited public comment. This legislative instrument aligns with Australia's Guidelines for the Ecologically Sustainable Management of Fisheries and is compatible with human rights and freedoms as recognised in international instruments.
Key Provisions
The main operative sections of this legislation, as referenced in section 303DC(3) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the amendment of the List of Exempt Native Specimens. Specifically, 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. The amendment in question includes specimens that are or are derived from fish or invertebrates, taken by Australian flagged vessels operating under Australia’s High Seas Permits, in waters outside the outer limits of the exclusive economic zone of all countries, until 18 May 2018. This inclusion is subject to the conditions that the specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, Australian flagged vessels must ensure that the specimens they take are derived from fish or invertebrates lawfully caught under Australia’s High Seas Permits. Secondly, the specimens must comply with the conditions stipulated, such as being included in the list until 18 May 2018. Additionally, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth ministers, state ministers, and the Australian Fisheries Management Authority, as well as other persons and organisations deemed appropriate, before amending the list of exempt native specimens. The proposal to amend the list must also be advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested parties for a period of 23 business days.
Any breaches of the provisions outlined in this legislation may result in civil or criminal consequences. The specific offences and penalties are not detailed in the text, but generally, under the EPBC Act, breaches can lead to substantial fines and, in some cases, imprisonment. The maximum penalties would depend on the nature and severity of the offence, as outlined in the relevant sections of the Act. It is also important to note that this legislative instrument does not engage any of the applicable rights or freedoms and 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.