Amendment of List of Exempt Native Specimens - Australian High Seas Fishery (22/08/2012)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity, and to manage and regulate activities that have, or could have, a significant impact on the environment. This legislation aims to address the problem of ensuring that trade in native specimens does not negatively impact the sustainability of native species and ecosystems. The Act was introduced by the Parliament of Australia to provide a comprehensive framework for environmental protection and biodiversity conservation. The policy objective of the EPBC Act is to protect and conserve Australia's biodiversity and environment by regulating activities that may have a significant impact on them. This explanatory statement pertains to an amendment of the list of exempt native specimens under the EPBC Act, specifically addressing the exemption of specimens derived from fish or invertebrates taken lawfully in waters outside the exclusive economic zone of Australia and its territories. The amendment seeks to extend the exemption period for these specimens, facilitating their continued export until 23 November 2012. The decision to include these specimens in the list was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant authorities and invited public comment before making the decision to amend the list. The amendment ensures that the trade of these specimens remains regulated and sustainable.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment, as outlined in F2012L01748, modifies the list of exempt native specimens by revoking specific conditions attached to the inclusion of certain fish and invertebrate specimens in the list. This Act applies to specimens of fish and invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken lawfully in waters outside the exclusive economic zones of any country, including Australia and its external territories, not already regulated under existing Australian fisheries management regimes. The amendment imposes new conditions stipulating that the specimens must be taken lawfully and remain included in the list until 23 November 2012, thereby allowing continued export of these specimens within this timeframe. The geographic reach of this Act extends to Commonwealth waters and beyond, specifically addressing the High Seas and international waters. While the Act does not specify exclusions or exemptions beyond those already noted, it is subject to consultation with relevant Commonwealth and state authorities, as well as the Australian Fisheries Management Authority, and public consultation as mandated by the EPBC Act. This legislative instrument, governed by the Legislative Instruments Act 2003, ensures compliance with human rights and freedoms as recognised in international instruments.

Key Provisions

The primary operative sections of this legislative instrument concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as outlined in Section 303DB. Specifically, this instrument modifies the conditions under which certain specimens derived from fish or invertebrates taken lawfully in waters outside the outer limits of the exclusive economic zone of all countries are included in the list of exempt native specimens (Section 303DC). This amendment revokes the previous conditions for these specimens, which were included in the list on 24 September 2010, and imposes new conditions: the specimens must have been taken lawfully and they are included in the list until 23 November 2012. These changes allow for the continued export of these specimens until the specified date. The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that any specimens derived from fish or invertebrates, taken lawfully in waters outside the exclusive economic zone, meet the criteria set out in the legislation. Specifically, the specimens must have been taken lawfully, and they must be included in the list until 23 November 2012. Additionally, the Minister for Sustainability, Environment, Water, Population and Communities must consult with other relevant ministers and authorities, such as the Australian Fisheries Management Authority, and consider public comments when making decisions about including specimens in the list of exempt native specimens. In terms of potential breaches and their consequences, the Act does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance. However, it is implied that failure to comply with the conditions for inclusion in the list of exempt native specimens could result in the specimens being subject to trade control provisions that apply to regulated native specimens. This could potentially lead to legal action and penalties under the EPBC Act for unauthorised trade in native specimens. It is important for parties involved in the export of these specimens to ensure strict adherence to the conditions specified in the Act to avoid any legal repercussions.