EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
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 Act, taken in the Broome Prawn Managed Fishery, as defined in the Broome Prawn Managed Fishery Management Plan 1999, in force under the Western Australian Fish Resources Management Act 1994;
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Kimberley Prawn Managed Fishery, as defined in the Kimberley Prawn Management Plan 1993, in force under the Western Australian Fish Resources Management Act 1994;
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Onslow Prawn Managed Fishery, as defined in the management regime in force under the Fish Resources Management Act 1994; and
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Nickol Bay Prawn Managed Fishery, as defined in the management regime in force under the Fish Resources Management Act 1994;
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 20 August 2015.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 20 August 2015.
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 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 Delegate of the Minister for Environment Protection, Heritage and the Arts consulted with the Western Australian Minister for Mines and Petroleum, Fisheries and Electoral Affairs and the Department of Fisheries Western Australia as they have management responsibilities for the fisheries 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 25 days. All comments received were taken into account in the decision to include specimens derived from the fisheries in the list of exempt native specimens.
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/2010/33
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 regulation of activities that may have a significant impact on the environment. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity, ecosystems, and heritage. The EPBC Act is administered by the Australian Government and aims to promote sustainable development through the protection of the environment. In this context, the Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument, registered under the Legislative Instruments Act 2003, aims to include certain specimens taken from specified fisheries in Western Australia in the list of exempt native specimens, subject to specific conditions and restrictions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. Under Section 303DB of the Act, certain specimens of fish and invertebrates derived from specific prawn fisheries in Western Australia are exempt from the trade control provisions that apply to regulated native specimens, provided they meet certain conditions. These fisheries include the Broome Prawn Managed Fishery, Kimberley Prawn Managed Fishery, Onslow Prawn Managed Fishery, and Nickol Bay Prawn Managed Fishery, all managed under the Western Australian Fish Resources Management Act 1994. The exemption applies to specimens derived from these fisheries that are not listed under Part 13 of the EPBC Act, subject to the condition that the specimens or the fish or invertebrates from which they are derived were taken lawfully. This exemption allows for the continued export of these specimens until 20 August 2015. The inclusion of these specimens on the list of exempt native specimens is contingent on the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fisheries management arrangements are ecologically sustainable. The decision to amend the list involved consultation with relevant Western Australian ministers and departments, as well as public consultation, before the instrument was registered and commenced.
Key Provisions
The main operative sections of this legislation, specifically Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), establish a list of exempt native specimens. Specimens included in this list are exempt from the trade control provisions that apply to regulated native specimens. This particular legislative instrument adds certain specimens taken in specified prawn fisheries to this list of exempt native specimens. These include specimens derived from fish or invertebrates taken in the Broome Prawn Managed Fishery, the Kimberley Prawn Managed Fishery, the Onslow Prawn Managed Fishery, and the Nickol Bay Prawn Managed Fishery, provided they are not from species listed under Part 13 of the Act. This exemption is subject to conditions, including that the specimens were taken lawfully and remain exempt until 20 August 2015.
The Act imposes specific obligations and requirements on parties involved in the fisheries. For example, the Minister for Environment Protection, Heritage and the Arts is required to consult with relevant state ministers and other stakeholders before amending the list of exempt native specimens. In this case, the Minister consulted with the Western Australian Minister for Mines and Petroleum, Fisheries and Electoral Affairs and the Department of Fisheries Western Australia, due to their management responsibilities over the relevant fisheries. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting comments from interested parties for 25 days. All comments received were considered in the decision to include the specified specimens in the list of exempt native specimens.
Failure to comply with the provisions of the EPBC Act can result in various offences, penalties, or civil and criminal consequences. While specific penalties are not detailed in this instrument, breaches of the Act can generally lead to substantial fines and, in some cases, imprisonment. For example, unauthorised trade in regulated native specimens can attract significant penalties under the EPBC Act, reflecting the importance of ecological sustainability and biodiversity conservation. The inclusion of specimens in the exempt list is contingent on them being taken lawfully, and any illegal activities related to these specimens would be subject to the penalties outlined in the Act.