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 24 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 5 July 2013.
The only effect of this amendment is to extend this date. 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 5 July 2013.
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.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment of List of Exempt Native Specimens
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The effect of this instrument is to include the following specimens in the list of exempt native specimens:
- 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
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 5 July 2013.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 5 July 2013.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Geoff Richardson, Assistant Secretary, Marine Biodiversity and Biosecurity Branch (Delegate of the Minister for Sustainability, Environment, Water, Population and Communities)
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia’s environment, including its biodiversity and ecological processes. This legislation aims to provide for the protection of the environment, heritage places, and wildlife, particularly those species and ecological communities that are threatened or endangered. The Act empowers the federal government to regulate activities that may have a significant impact on the environment, including the trade and management of native species. The policy objective is to ensure that biodiversity is preserved and that sustainable practices are adopted in various sectors to mitigate environmental harm. The Act establishes a list of exempt native specimens to facilitate the management and trade of certain species under specified conditions, as demonstrated by the amendment to the list in accordance with Section 303DC.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in the Explanatory Statement for F2013L00708, modifies the conditions under which specimens from the Coral Reef Fin Fish Fishery can be traded without the restrictions that apply to regulated native specimens. The Act applies to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, which are taken within the Coral Reef Fin Fish Fishery. The amendment revokes existing conditions and imposes new ones, allowing continued export of these specimens until 5 July 2013, provided the specimens were taken lawfully. This legislative change is subject to consultation with relevant Commonwealth and state ministers, and in this case, Fisheries Queensland, as they have management responsibilities for the fishery in question. The instrument is a legislative instrument under the Legislative Instruments Act 2003, and it commenced on the day after its registration on the Federal Register of Legislative Instruments. It is compatible with human rights as it does not engage any applicable rights or freedoms.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This particular legislative instrument (F2013L00708) modifies the list by revoking the conditions under which specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Coral Reef Fin Fish Fishery were included in the list of exempt native specimens. The instrument imposes new conditions on these specimens, namely that they must be taken lawfully and remain in the list until 5 July 2013. This effectively extends the period during which these specimens can be exported without the need for trade controls.
The obligations imposed by this legislation primarily concern entities or individuals involved in the trade of these specimens. They must ensure that the specimens in question were taken lawfully and remain compliant with the new conditions until the specified date. Additionally, the Minister for Sustainability, Environment, Water, Population and Communities is required to consult relevant Commonwealth ministers, state and territory ministers, and other stakeholders such as Fisheries Queensland, before making amendments to the list of exempt native specimens. This consultation ensures that the decision to include or modify the list takes into account various perspectives and expert opinions.
There are no explicit offences, penalties, or civil/criminal consequences outlined in this legislative instrument. However, any breach of the conditions, such as the unlawful taking of specimens or exporting them beyond the stipulated date, could potentially lead to legal consequences under other provisions of the EPBC Act or related legislation. The EPBC Act itself provides for various penalties for breaches, including fines and imprisonment, depending on the nature and severity of the offence. For example, under section 477 of the EPBC Act, a person found guilty of an offence against the Act can be fined up to $66,000 for a corporation and $13,200 for an individual, with higher penalties for more serious offences.