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 Tasmanian Commercial Dive Fishery, as defined in the Fisheries (Commercial Dive) Rules 2005, under the Tasmanian Living Marine Resources Management Act 1995.
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 25 November 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: Senator the Hon Steven Kons MHA, Minister for Primary Industries and Water.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Primary Industries, Water and Environment, Tasmania.
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/2005/021
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act aims to ensure that the biodiversity of Australia is conserved and that the ecological impact of activities is managed effectively. In line with this objective, the Act includes provisions for the regulation of trade in native specimens, distinguishing between regulated and exempt specimens. The F2005L03830 legislative instrument amends the list of exempt native specimens under Section 303DC of the Act. This amendment introduces certain fish and invertebrate specimens taken in the Tasmanian Commercial Dive Fishery into the list of exempt native specimens, subject to specific conditions and notations. The policy objective of this amendment is to facilitate the continued export of these specimens while ensuring that their collection and trade adhere to sustainable and lawful practices, as per the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The instrument was developed following consultations with relevant Ministers and departments, ensuring alignment with broader environmental and fisheries management policies.
Scope and Application
The Environment Protection and Biodiversity Conservation Act, 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to specimens derived from fish or invertebrates taken in the Tasmanian Commercial Dive Fishery, provided they are not from species listed under Part 13 of the Act. This amendment pertains to the trade control provisions that apply to regulated native specimens, making the specified specimens exempt from these controls. The amendment is conditional on the specimens being taken lawfully and is in effect until 25 November 2010, as per the notations specified. The legislation extends to the Commonwealth jurisdiction and involves consultation with relevant ministers and the Department of Primary Industries, Water and Environment, Tasmania. This legislative instrument is registered under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main sections of this legislative instrument relate to section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999, which govern the establishment and amendment of the list of exempt native specimens. Under section 303DB, specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC provides for the amendment of this list by legislative instrument, which includes adding new specimens subject to specific conditions. In this case, the instrument adds specimens from the Tasmanian Commercial Dive Fishery that are derived from fish or invertebrates, excluding those species listed under Part 13 of the Act. These additions are subject to certain notations, such as the lawful taking of the specimens and a specific inclusion period until 25 November 2010.
The obligations imposed by this legislation on the parties or entities it governs primarily revolve around ensuring that any specimens added to the list of exempt native specimens are taken lawfully and comply with the specific conditions outlined. For example, any specimens derived from fish or invertebrates taken in the Tasmanian Commercial Dive Fishery must adhere to the notations specified in the legislative instrument. These obligations extend to those involved in the export of these specimens, ensuring they meet the criteria and conditions stipulated. The legislative instrument also underscores the importance of consultation with relevant ministers and departments, as mandated by section 303DC(3)(c) of the Act, to ensure that the amendments align with ecologically sustainable management practices.
There are no specific offences, penalties, or consequences for breach mentioned in the explanatory statement. However, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can generally result in significant penalties. For example, unauthorised trade in native specimens can attract fines of up to $330,000 for individuals and $1.65 million for corporations, alongside potential imprisonment. The specific penalties for non-compliance with the conditions of the list of exempt native specimens would depend on the nature and severity of the breach. In the context of this legislative instrument, failure to adhere to the lawful taking and inclusion period notations could result in the specimens no longer being exempt from trade controls, potentially leading to legal consequences for those involved.