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 taken by Australian Kelp Products Pty Ltd between April and July 2013 inclusive, under licences issued by the Department of Primary Industries and Regions South Australia for the South Australian Beach-cast Seagrass and Marine Algae Fishery as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 2000 in force under the Fisheries Management Act 2007 (South Australia)
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 14 October 2013.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until 14 October 2013.
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 the Environment, Heritage and Water 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 the Environment, Heritage and Water consulted with the Department of Primary Industries and Regions South Australia as the Department of Primary Industries and Regions South Australia has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on 13 September 2013.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly biodiversity, and heritage places. This Act was introduced to address the need for comprehensive environmental protection that goes beyond state borders, ensuring that national and internationally significant flora, fauna, ecological communities, and heritage places are adequately safeguarded. The Act establishes a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act, allowing for the inclusion of specific specimens taken by Australian Kelp Products Pty Ltd between April and July 2013, under specific licences, to be exported until 14 October 2013. The amendment was made following consultation with relevant stakeholders, including the Department of Primary Industries and Regions South Australia, in line 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, as outlined in F2013L01687, pertains specifically to the inclusion of certain specimens in the list of exempt native specimens. This legislative instrument applies to specimens taken by Australian Kelp Products Pty Ltd between April and July 2013, under licences issued by the Department of Primary Industries and Regions South Australia for the South Australian Beach-cast Seagrass and Marine Algae Fishery. The inclusion of these specimens in the list of exempt native specimens exempts them from the trade control provisions that apply to regulated native specimens, thereby allowing their export until 14 October 2013. This exemption is subject to conditions that the specimens were taken lawfully and are included in the list until the specified date. The amendment was made in accordance with Section 303DC of the EPBC Act, which mandates consultation with relevant ministers and authorities before such amendments are made, ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The main operative sections of this legislation, specifically under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), include Section 303DB which establishes the list of exempt native specimens, and Section 303DC which allows for amendments to this list. In this instance, the Act is amended to include specimens taken by Australian Kelp Products Pty Ltd from April to July 2013 under certain conditions. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they meet the specified criteria.
The Act imposes obligations on Australian Kelp Products Pty Ltd to ensure that the specimens they take are included in the list of exempt native specimens as per the conditions outlined. These include ensuring that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully. Additionally, the specimens are included in the list only until 14 October 2013. This requirement ensures that the specimens remain within the parameters set by the Act until the specified date.
The legislation also outlines potential consequences for non-compliance. Although specific offences, penalties, or civil/criminal consequences are not detailed in this particular instrument, breaches of the EPBC Act generally can result in substantial penalties. For instance, under the EPBC Act, offences involving unauthorised trade in native specimens can lead to fines and imprisonment. The maximum penalties for such offences can be significant, reflecting the importance of biodiversity conservation and the protection of native species. Compliance with the conditions set forth is therefore crucial to avoid these potential repercussions.