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 21 April 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 in the Bass Strait Central Zone Scallop Fishery, as defined in the Bass Strait Central Zone Scallop Fishery Management Plan 2002, in force under the Commonwealth Fisheries Management Act 1991.
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 13 April 2018.
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 13 April 2018. The only effect of this amendment is to extend this date.
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 24 business days. No comments were received.
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 biodiversity conservation and the management of activities that have a significant impact on the environment. This legislation addresses the need for a comprehensive framework to manage and protect native species and their habitats, ensuring sustainable use of natural resources. The Act was introduced to fill the gap in environmental protection by providing a unified approach to the conservation of Australia's biodiversity, including native flora and fauna, ecosystems, and heritage places. The enacting body for this legislation is the Australian Parliament, with the policy objective of promoting the ecologically sustainable development of the nation’s natural resources. The amendment under consideration concerns the list of exempt native specimens, allowing for the continued export of certain fish and invertebrate specimens from the Bass Strait Central Zone Scallop Fishery under specific conditions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the regulation of trade controls for native specimens, specifically those that are exempt from the Act's provisions. This legislation applies to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Bass Strait Central Zone Scallop Fishery as defined in the Bass Strait Central Zone Scallop Fishery Management Plan 2002, in force under the Commonwealth Fisheries Management Act 1991. The exemption is applicable until 13 April 2018, provided the specimens were taken lawfully. The amendment revokes previous conditions and imposes new conditions on the inclusion of these specimens in the list of exempt native specimens, allowing continued export until the specified date. The decision to include these specimens in the list was informed by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The Minister for Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority, and the proposal was also advertised for public comment, though none was received. This legislative instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
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, exempting them from trade control provisions that apply to regulated native specimens. Section 303DC allows the Minister for Sustainability, Environment, Water, Population and Communities to amend this list. This instrument specifically revokes conditions previously set for certain specimens taken in the Bass Strait Central Zone Scallop Fishery, while imposing new conditions that the specimens must be taken lawfully and remain exempt until 13 April 2018.
The Act imposes several obligations and requirements on the entities it governs. Firstly, it requires that any specimens included in the list of exempt native specimens must be taken lawfully. This means that the harvesting and export of these specimens must comply with relevant fisheries management laws and plans. Secondly, the Act mandates consultation with relevant ministers and authorities, such as the Australian Fisheries Management Authority, to ensure that the inclusion of these specimens in the list aligns with the Australian Government’s guidelines for ecologically sustainable management of fisheries. Additionally, the proposal to amend the list must be advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested parties for a specified period.
Failure to comply with the provisions of this Act may result in civil or criminal penalties. While the specific offences and penalties are not detailed in the provided text, breaches of environmental protection laws generally can lead to substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as other relevant laws. The Act's legislative nature ensures that it is enforceable, and non-compliance could attract legal action from enforcement agencies.