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 in the list of exempt native specimens on 24 September 2010 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 lawfully by vessels operating in waters outside the outer limits of the exclusive economic zone of all countries (High Seas) including Australia and its external territories not already covered under existing Australian fisheries management regimes,
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 under a fishing concession issued by the Australian Fisheries Management Authority and legally imported into Australia; and
- the specimens are included in the list until 17 December 2011.
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 17 December 2011.
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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority, as the Australian Fisheries Management Authority has management responsibilities for the fisheries concerned. The Department of Agriculture, Fisheries and Forestry, the Department of Foreign Affairs and Trade were also consulted.
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/2010/72
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for comprehensive environmental protection and biodiversity conservation mechanisms within Australia, ensuring that activities impacting the environment are managed effectively. The Act empowers the Australian Government to regulate activities that may have significant environmental impacts, including the trade of native specimens. The EPBC Act was enacted by the Parliament of Australia, with a policy objective to safeguard biodiversity and manage ecological processes sustainably.
This legislative instrument amends the List of Exempt Native Specimens under section 303DC of the EPBC Act. The amendment revises the conditions under which certain fish and invertebrate specimens taken from the High Seas are exempt from trade control provisions. By revoking previous conditions and imposing new ones, the instrument aims to facilitate the continued export of these specimens until a specified date, while ensuring that they are taken lawfully and imported legally into Australia. This change was made in consultation with relevant authorities, including the Australian Fisheries Management Authority, to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment concerning the List of Exempt Native Specimens primarily applies to specimens of fish and invertebrates taken lawfully by vessels operating in waters outside the outer limits of the exclusive economic zone of all countries, commonly referred to as the High Seas, excluding those species listed under Part 13 of the EPBC Act. The amendment ensures that such specimens, provided they are taken lawfully under a fishing concession issued by the Australian Fisheries Management Authority and legally imported into Australia, are exempt from the trade control provisions that apply to regulated native specimens. This exemption, however, is contingent on the specimens being included in the list of exempt native specimens until 17 December 2011. The amendment reflects the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which were considered in determining the ecological sustainability of the relevant fisheries management arrangements. The amendment is a legislative instrument under the Legislative Instruments Act 2003, and it commenced on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation, specifically Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999, establish the framework for the list of exempt native specimens. Section 303DB allows for the creation of this list, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. Section 303DC facilitates the amendment of this list, which, in this instance, involves revoking existing conditions and imposing new ones regarding specimens taken from the High Seas. These new conditions stipulate that the specimens must be taken lawfully under a fishing concession issued by the Australian Fisheries Management Authority and legally imported into Australia, and they remain on the exempt list until 17 December 2011.
The Act imposes several obligations and requirements on the parties involved. Firstly, the specimens must be taken lawfully by vessels operating in waters outside the outer limits of the exclusive economic zone of all countries. This means that the fishing activities must adhere to international maritime laws and any relevant bilateral or multilateral agreements. Secondly, the specimens must be derived from fish or invertebrates that are not listed under Part 13 of the EPBC Act. Thirdly, the fishing activities must be conducted under a valid fishing concession issued by the Australian Fisheries Management Authority, ensuring compliance with Australian fisheries management regimes. Lastly, the specimens must be legally imported into Australia, fulfilling all necessary customs and import regulations.
The legislation also outlines specific consequences for non-compliance with its provisions. While the explanatory statement does not explicitly detail offences or penalties, the broader context of the Environment Protection and Biodiversity Conservation Act 1999 suggests that breaches of its provisions can result in significant civil and criminal penalties. For instance, unauthorised trade in regulated native specimens can lead to hefty fines and imprisonment. The maximum penalties under the Act can include fines of up to $66,000 for individuals and up to $330,000 for corporations, along with potential imprisonment terms for serious violations. These stringent measures underscore the importance of adhering to the Act’s stipulations to avoid severe legal repercussions.