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 (the 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, 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
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- The specimen was taken lawfully; and
- The specimens are included on the list until 21 April 2013.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 21 April 2013.
In determining to include the specimens on 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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Environment Protection, Heritage and the Arts 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 Minister for Environment Protection, Heritage and the Arts consulted with the Australian Fisheries Management Authority (AFMA) as the Minister and AFMA have management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 32 days. All comments received were taken into account in the decision to include specimens derived from the fishery on the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Unique Identifying Number: EPBC303DC/SFS/2010/13
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect Australia's biodiversity and its ecological processes. This legislation provides mechanisms for the regulation of activities that may impact on the environment, including the establishment of a list of exempt native specimens under section 303DB. The EPBC Act was introduced by the Parliament of Australia to fill the gap in environmental protection laws, ensuring that native species are managed sustainably and that biodiversity is conserved.
This legislative instrument amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act, incorporating certain specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the Act, taken in the Bass Strait Central Zone Scallop Fishery. This amendment aims to facilitate the continued export of these specimens until 21 April 2013, subject to the condition that they were taken lawfully. The decision to include these specimens in the list of exempt native specimens was made following consultations with relevant authorities, including the Australian Fisheries Management Authority (AFMA), and by taking into account comments received from the public. The policy objective aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management arrangements for the fishery are ecologically sustainable.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains specifically to specimens derived from fish or invertebrates in the Bass Strait Central Zone Scallop Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they are taken lawfully and are included on the list until 21 April 2013. This exemption facilitates the continued export of these specimens during the specified period. The decision to include these specimens on the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fishery's management arrangements meet ecological sustainability criteria. The Minister for Environment Protection, Heritage and the Arts consulted with the Australian Fisheries Management Authority and invited public comments before making the decision. This legislative instrument is subject to the requirements of the Legislative Instruments Act 2003.
Key Provisions
The primary operative sections of this legislation (F2010L00974) pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DB). Specifically, this amendment adds specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the Bass Strait Central Zone Scallop Fishery, to the list of exempt native specimens (Section 303DC). This amendment is contingent on certain conditions, such as the lawful taking of the specimens and their inclusion on the list until 21 April 2013. The purpose of this amendment is to facilitate the continued export of these specimens until the specified date.
Entities and individuals governed by this Act are subject to several obligations and requirements. Primarily, the Minister for Environment Protection, Heritage and the Arts must consult with other relevant Commonwealth Ministers, state and territory ministers, as well as other persons and organisations deemed appropriate, before amending the list of exempt native specimens (Section 303DC(3)). Additionally, the proposal to amend the list must be advertised on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website, inviting comments from interested parties for a period of 32 days. All comments received are to be considered in the decision-making process.
There are no explicit offences, penalties, or consequences for breach outlined in this specific legislative instrument. However, any breaches of the EPBC Act, which governs the overarching framework under which this amendment operates, could result in civil or criminal penalties. These penalties can include fines and imprisonment, depending on the severity of the breach and the specific provisions of the EPBC Act that are contravened. The exact penalties would be determined in accordance with the broader provisions of the EPBC Act. This legislative instrument is created under the authority of the Legislative Instruments Act 2003.