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 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 Sea Fishery, as defined in the management regime in force under the Commonwealth Fisheries Management Act 1991 and the Fisheries Management Regulations 1992,
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 covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery.
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. 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 23 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/2010/58
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly biodiversity, through the regulation of activities that may have significant impacts. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and natural heritage. The EPBC Act is administered by the Commonwealth Parliament, with the objective of integrating environmental considerations into decision-making processes to ensure sustainable development. The Act aims to protect native species and ecosystems, including their habitats, by controlling activities that may harm them. In this context, the Act includes provisions for the regulation of the trade in native specimens, with certain exemptions to facilitate lawful and ecologically sustainable activities. The amendment to the List of Exempt Native Specimens, as detailed in F2010L03058, aims to streamline the regulatory process for specimens derived from lawful fishing activities within the Coral Sea Fishery, subject to specific conditions that ensure compliance with ecological sustainability guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the EPBC Act to include certain specimens derived from fish and invertebrates taken in the Coral Sea Fishery within the list of exempt native specimens. This inclusion exempts these specimens from the trade control provisions that apply to regulated native specimens, subject to the conditions that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation. The instrument applies to persons and entities involved in the trade of these specimens, particularly those operating within the Coral Sea Fishery as defined under the Commonwealth Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. The amendment has a national reach, as it pertains to Commonwealth waters and the management of fisheries therein. However, it excludes specimens belonging to species listed under Part 13 of the EPBC Act. The instrument extends the application of the Act through subordinate regulations, subject to consultation requirements and public consultation as stipulated in the EPBC Act.
Key Provisions
The primary operative sections of this legislation, specifically Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), allow for the amendment of the list of exempt native specimens. According to this provision, specimens that are or are derived from fish or invertebrates, taken in the Coral Sea Fishery and meeting certain conditions, can be included in the list. These specimens are exempt from the trade control provisions that apply to regulated native specimens. However, the inclusion of these specimens in the list is contingent on them being lawfully taken and covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act.
The Act imposes several obligations and requirements on the parties or entities it governs. Primarily, it mandates that any fish or invertebrate specimens taken in the Coral Sea Fishery and intended for inclusion in the list of exempt native specimens must be lawfully taken. Additionally, these specimens must be covered by a declaration of an approved Wildlife Trade Operation, ensuring they comply with relevant wildlife trade regulations. This ensures that the inclusion of these specimens in the exempt list does not compromise the ecological sustainability of the fishery.
Failure to comply with the conditions outlined in the Act can result in significant consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of wildlife trade regulations under the EPBC Act can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness with which the Act treats non-compliance. The maximum penalties would depend on the specific nature and severity of the breach, as outlined in the relevant sections of the EPBC Act. It is essential for parties involved in the trade of these specimens to adhere strictly to the conditions to avoid any legal repercussions.