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 Act, taken in the Cocos (Keeling) Islands Marine Aquarium Fish 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 specimen is included on the list until 21 October 2010.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next five years.
In determining to include the above specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
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: the Hon Jon Ford MLC, Minister for Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Fisheries, Western Australia.
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/2005/016
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted to address environmental protection and biodiversity conservation issues, was amended to include the addition of certain specimens to the list of exempt native specimens. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, seeks to align with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. By adding fish and invertebrate specimens from the Cocos (Keeling) Islands Marine Aquarium Fish Fishery to the list of exempt native specimens, the amendment allows for the continued export of these specimens until 21 October 2010, provided they were taken lawfully. This legislative change was achieved through consultation with relevant ministers and the Department of Fisheries, Western Australia, ensuring compliance with section 303DC of the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains specifically to the regulation of native specimens derived from fish or invertebrates taken within the Cocos (Keeling) Islands Marine Aquarium Fish Fishery. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they meet specific criteria. The exemption applies only to those specimens not belonging to species listed under Part 13 of the Act. This exemption is contingent upon the lawful capture of the specimens and is limited in duration, extending until 21 October 2010. This amendment allows for the continued export of these specimens for a defined period, aligning with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The decision to include these specimens on the list of exempt native specimens was made following consultations with relevant Commonwealth and state ministers, as well as the Department of Fisheries, Western Australia, ensuring that the ecological sustainability criteria were met.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes provisions for a list of exempt native specimens under section 303DB. This list exempts specified specimens from trade control provisions that apply to regulated native specimens. In accordance with section 303DC, a legislative instrument has been issued to amend this list by adding certain fish and invertebrate specimens taken in the Cocos (Keeling) Islands Marine Aquarium Fish Fishery, provided they are not from species listed under Part 13 of the Act. These additions to the list are subject to specific conditions, namely that the specimens must be derived from fish or invertebrates taken lawfully and remain on the list until 21 October 2010. This legislative amendment facilitates the continued export of these specimens for a period of five years.
The Act imposes obligations on entities involved in the export of these exempt specimens. The specimens must be derived from lawful fishing activities, and exporters must ensure that they comply with all relevant regulations and guidelines. This includes adhering to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, which serve as the benchmark for assessing the sustainability of the fisheries management arrangements. The Department of Fisheries, Western Australia, and relevant Ministers were consulted in line with section 303DC of the Act, ensuring that the decision to include these specimens on the list was made with appropriate consideration of stakeholder input.
Failure to comply with the provisions of the Act and the legislative instrument could result in significant consequences. While specific offences and penalties are not detailed within the legislative instrument, breaches of the Act generally can lead to both civil and criminal penalties. Civil penalties can include fines up to $66,600 for individuals and $333,000 for corporations, while criminal penalties can include imprisonment and fines. Additionally, the Act may provide for enforcement actions by authorised officers, including the seizure of non-compliant specimens and the imposition of administrative penalties. These measures are designed to ensure adherence to the Act’s provisions and the sustainable management of native species.