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 revoke the conditions to which the inclusion of the following item on the list of exempt native specimens on 29 May 2009 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 management regime in force under the Commonwealth Fisheries Management Act 1991 and the Commonwealth Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002;
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 on the list until 21 April 2010.
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 21 April 2010.
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. 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/2010/14
Overview
The Environment Protection and Biodiversity Conservation Act 1999, amended by the legislative instrument F2010L00770, addresses the regulation of trade in native specimens by modifying the list of exempt native specimens. Enacted by the Parliament of Australia, the EPBC Act was introduced to provide a comprehensive framework for the protection of the environment and biodiversity, including the regulation of trade in native flora and fauna. This particular amendment, executed under Section 303DC, seeks to revoke certain conditions previously imposed on specimens derived from fish or invertebrates in the Bass Strait Central Zone Scallop Fishery, allowing their continued export until 21 April 2010. The amendment was made following appropriate consultations with relevant ministers and stakeholders, and with consideration given to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The policy objective is to facilitate the sustainable management of fisheries while ensuring compliance with ecological standards.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens regulation applies to specimens derived from fish or invertebrates, specifically those taken in the Bass Strait Central Zone Scallop Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This regulation exempts these specimens from the trade control provisions applicable to regulated native specimens, allowing for their continued export until 21 April 2010, provided they were taken lawfully. The regulation's scope extends across the Commonwealth, and its application is subject to consultation with relevant Commonwealth and state ministers, as well as interested stakeholders. This legislative instrument is designed to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the fisheries management arrangements.
Key Provisions
The main operative sections of this legislation, specifically sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999, deal with the establishment and amendment of a list of exempt native specimens. Section 303DB sets up the list, allowing for certain specimens to be exempt from trade controls applicable to regulated native specimens. Section 303DC outlines the process for amending this list, requiring consultation with relevant Ministers and inviting public comment before any changes are made. The instrument in question revokes conditions previously imposed on specimens derived from fish or invertebrates in the Bass Strait Central Zone Scallop Fishery and replaces them with new conditions, namely that the specimens must have been taken lawfully and remain on the list until 21 April 2010.
The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that any specimens included in the list of exempt native specimens must be taken lawfully, ensuring that the fishing activities from which these specimens are derived comply with applicable regulations. Secondly, it specifies the duration for which these specimens remain exempt, which in this case is until 21 April 2010. Additionally, the Minister for Environment Protection, Heritage and the Arts must consult with relevant Ministers and invite public comment as part of the amendment process, ensuring transparency and stakeholder involvement in the decision-making.
The legislation also outlines consequences for non-compliance. While the explanatory statement does not explicitly detail specific offences or penalties, it is implied that failure to comply with the requirements of the Act could result in legal repercussions. Under the EPBC Act, unauthorised activities related to the trade of native specimens could lead to substantial fines and potential imprisonment. The specific penalties would depend on the nature and severity of the breach, but they could include significant financial penalties and imprisonment terms as stipulated in the broader provisions of the EPBC Act.