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 EPBC 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 included in the list until 2 November 2012.
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 2 November 2012.
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 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.
Unique Identifying Number: EPBC303DC/SFS/2011/35
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, was designed to provide for the protection of the environment, particularly in relation to biodiversity and ecological sustainability. One of the ways it achieves this is by controlling the trade of native specimens through a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This legislative instrument, F2011L02164, amends the list of exempt native specimens under section 303DB of the EPBC Act to allow for the continued export of certain fish and invertebrate specimens derived from the Coral Reef Fin Fish Fishery until 2 November 2012, provided they were taken lawfully. This change was made following consultation with relevant stakeholders, including Fisheries Queensland, and public comment, and is intended 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) applies to a wide range of entities and conducts within Australia, including individuals, corporations, and government agencies. This particular legislative instrument pertains to the management of native specimens, specifically those derived from fish or invertebrates in the Coral Reef Fin Fish Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. The instrument revokes prior conditions and imposes new conditions for the inclusion of these specimens in the list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. These conditions stipulate that the specimens must have been taken lawfully and are included in the list until 2 November 2012. The amendment process involved consultations with relevant stakeholders, including Fisheries Queensland, and public consultation through advertisement on the Department of Sustainability, Environment, Water, Population and Communities website. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of the legislation, specifically section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. This amendment modifies the conditions associated with specimens derived from fish or invertebrates taken in the Coral Reef Fin Fish Fishery, other than those belonging to species listed under Part 13 of the EPBC Act. The amendment revokes previous conditions and imposes new conditions: the specimens must be derived from fish or invertebrates taken lawfully, and they are included in the list of exempt specimens until 2 November 2012. This change aims to allow continued export of these specimens until the specified date.
The Act imposes specific obligations on the parties involved. It mandates that any specimens included in the list of exempt native specimens must be derived from fish or invertebrates that were taken lawfully. Additionally, the specimens can only be exported under these conditions until 2 November 2012, after which they will no longer be exempt from the trade control provisions. This requirement ensures that the ecological sustainability criteria, as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, are adhered to in the management of the fishery.
In terms of compliance and enforcement, breaches of the conditions set out in this legislative instrument may result in legal consequences. While specific penalties are not detailed in the explanatory statement, violations of the EPBC Act can lead to substantial fines and potential criminal charges. The maximum penalties for breaches of the Act can include fines of up to $66,000 for individuals and significantly higher amounts for corporations, along with potential imprisonment terms. It is important for entities involved in the trade of these specimens to ensure full compliance with the stipulated conditions to avoid these penalties.