EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens. Specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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, harvested during scientific surveys for the Bass Strait Central Zone Scallop Fishery.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
- The specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, as long as the wildlife trade operation (WTO) declaration is in force. The fishery must continue to operate in accordance with its WTO conditions or the WTO must be revoked. Should a fishery WTO expire or be revoked, the declaration will no longer apply and will be removed from the list of exempt native specimens. Export would no longer be permitted.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: Senator the Hon Eric Abetz, Minister for Fisheries, Forestry and Conservation
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Australian Fisheries Management Authority.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2006/015
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection and management of Australia's biodiversity and environmental heritage. This Act, passed by the Commonwealth Parliament, aims to ensure that the federal government has the capacity to protect matters of national environmental significance from harmful impacts. The Act plays a crucial role in safeguarding Australia's unique flora and fauna, ensuring sustainable use of natural resources, and managing environmental risks and impacts.
This legislation was amended through the instrument F2007L01467 to address specific gaps related to the regulation of native specimens derived from fish and invertebrates harvested during scientific surveys for the Bass Strait Central Zone Scallop Fishery. By adding these specimens to the list of exempt native specimens, the amendment ensures that their trade can continue without the need for export permits, provided that the fishery operates under an approved Wildlife Trade Operation declaration. This legislative amendment was made following consultations with relevant Ministers and the Australian Fisheries Management Authority, ensuring that the changes align with broader environmental protection objectives while accommodating legitimate scientific activities and trade.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument applies to specimens derived from fish or invertebrates harvested during scientific surveys for the Bass Strait Central Zone Scallop Fishery. The Act exempts these specimens from the trade control provisions that apply to regulated native specimens, provided that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This exemption allows for the continued export of these specimens without requiring export permits, as long as the relevant Wildlife Trade Operation declaration is in force and the fishery operates in accordance with its conditions. The instrument operates within the Commonwealth jurisdiction and its application is subject to consultation with relevant ministers and authorities, including the Australian Fisheries Management Authority. Any changes to the fishery's operations or the revocation of its Wildlife Trade Operation declaration would result in the removal of the exemption, thus prohibiting export of the specimens.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s. 303DB, s. 303DC). This amendment adds specific specimens to the list of exempt native specimens. These are specimens that are or are derived from fish or invertebrates, harvested during scientific surveys for the Bass Strait Central Zone Scallop Fishery, provided they are not from species listed under Part 13 of the EPBC Act. The inclusion of these specimens on the list exempts them from the trade control provisions applicable to regulated native specimens, provided certain conditions are met.
The Act imposes specific obligations and requirements on parties or entities governed by it. Firstly, the specimens must be taken lawfully, meaning they must comply with all relevant fisheries regulations and laws. Secondly, the specimens must be covered by the declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act in relation to the fishery. This WTO declaration must be in force for the continued export of these specimens without requiring export permits. The fishery must adhere to the conditions of its WTO, or the WTO must be revoked, in which case the specimens will no longer be exempt from the trade control provisions.
The legislation also outlines the consequences for breach of its provisions. If the specimens are not taken lawfully or if the WTO declaration is not in force, the specimens will no longer be exempt from the trade control provisions, and export without an export permit will not be permitted. Additionally, should the WTO declaration expire or be revoked, the specimens will be removed from the list of exempt native specimens, and export would no longer be permitted. There are no specific offences, penalties, or civil/criminal consequences detailed within the text of this instrument itself; however, general provisions of the EPBC Act may apply to breaches of its provisions, which could include fines and imprisonment.