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 (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 23 November 2005 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 Act, taken in the Coral Reef Fin Fish Fishery
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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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 fishery’s 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 Fisheries Queensland as Fisheries Queensland has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 24 business days. All comments received were taken into account in the decision to include specimens derived from the fishery 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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT
THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
LENS Deletion:
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation issues in Australia. A legislative instrument amending the List of Exempt Native Specimens under the EPBC Act was introduced to provide continued export of certain fish and invertebrate specimens without requiring export permits, provided they are lawfully taken and covered by a declaration of an approved wildlife trade operation. This amendment was made in accordance with Section 303DC of the EPBC Act, which mandates consultation with relevant stakeholders and public comment before modifying the list of exempt native specimens. The Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with Fisheries Queensland and invited public comments on the proposed changes, which were considered in the decision-making process. The legislative instrument was registered and commenced on the day after registration, as per the Legislative Instruments Act 2003.
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 specifically to specimens that are or are derived from fish or invertebrates taken in the Coral Reef Fin Fish Fishery, excluding those specimens belonging to species listed under Part 13 of the Act. This legislative instrument modifies the conditions governing the inclusion of these specimens on the list of exempt native specimens, thereby exempting them from the trade control provisions applicable to regulated native specimens. The exemption allows for the continued export of these specimens without the requirement of export permits, provided that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. This change is intended to facilitate compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the fishery’s management arrangements. The amendment applies nationwide, affecting all relevant industries and entities involved in the trade of these specimens within the Coral Reef Fin Fish Fishery. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments and was developed after appropriate consultation and public comment.
Key Provisions
The main operative sections of this legislation (Section 303DB and 303DC) establish the framework for the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). According to Section 303DB, this list exempts certain specimens from trade control provisions that apply to regulated native specimens. Section 303DC outlines the process for amending the list, including the requirement for the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant ministers and stakeholders before making any changes. This particular legislative instrument revokes the conditions previously associated with specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the Act, taken in the Coral Reef Fin Fish Fishery, and imposes new conditions for their inclusion in the list of exempt native specimens.
The obligations and requirements imposed by the Act on the parties or entities it governs are primarily concerned with ensuring that any specimens included in the list of exempt native specimens meet certain criteria. Specifically, the specimens must be derived from fish or invertebrates taken lawfully in the Coral Reef Fin Fish Fishery, and they must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act in relation to the fishery. This means that entities involved in the trade of these specimens must ensure compliance with the conditions set out in the declaration, as well as any other relevant legal requirements.
Failure to comply with the provisions of the EPBC Act and the conditions imposed by this legislative instrument may result in various consequences. While the specific offences, penalties, or consequences are not detailed in the explanatory statement, the general framework of the EPBC Act provides for both civil and criminal penalties for breaches. For instance, unauthorised trade in native specimens can lead to substantial fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for offences under the EPBC Act can vary widely, but they are designed to ensure compliance with environmental protection and biodiversity conservation objectives.