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 Act, taken in the Deep Water 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 26 April 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 26 April 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. 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 22 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.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for comprehensive protection of the nation's environment, particularly in relation to biodiversity and ecological sustainability. This legislation aims to prevent significant impacts on matters of national environmental significance, including through the regulation of trade in native specimens. To facilitate sustainable management and export of certain fish and invertebrate specimens, the Act allows for the establishment of a list of exempt native specimens, exempting them from the trade control provisions applicable to regulated native specimens. The listed specimens must meet specific conditions, such as being lawfully taken and included in the list for a specified period. This legislative instrument, introduced in accordance with Section 303DC of the EPBC Act, extends the exemption period for certain specimens derived from the Deep Water Fin Fish Fishery, ensuring continued export until 26 April 2013. The decision to amend the list involved consultation with relevant stakeholders, including Fisheries Queensland, and public comment was sought to ensure the amendment aligns with ecological sustainability guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment pertains to the modification of the list of exempt native specimens as outlined in Section 303DB of the Act. The amendment specifically addresses specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, which are taken within the Deep Water Fin Fish Fishery. This legislative instrument revokes existing conditions that imposed certain restrictions on the inclusion of these specimens in the list of exempt native specimens and imposes new conditions, namely that the specimens must have been taken lawfully and that they remain exempt until 26 April 2013. The purpose of this amendment is to facilitate continued exports of these specimens until the specified date. The decision to amend the list was made in consultation with Fisheries Queensland, which has management responsibilities for the relevant fishery, and was also subject to public consultation as required by the EPBC Act. This legislative instrument does not infringe upon any rights or freedoms and is compatible with the human rights and freedoms as recognised by international instruments.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) enables the creation of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens (Section 303DB(1)). The instrument in question amends this list by revoking the existing conditions for specimens derived from the Deep Water Fin Fish Fishery and imposing new conditions (Section 303DC(2)). Specifically, it exempts specimens derived from fish or invertebrates taken lawfully in the fishery, except those belonging to species listed under Part 13 of the Act, until 26 April 2013 (Section 303DC(2)(a)-(b)). This change facilitates the continued export of these specimens until the specified date.
The obligations imposed by this Act on the relevant parties primarily revolve around ensuring compliance with the new conditions set forth for the specimens. These obligations include verifying that the specimens were taken lawfully and adhering to the stipulated timeframe, which ends on 26 April 2013 (Section 303DC(2)). The amendment process also mandates consultation with relevant authorities, such as Fisheries Queensland, and the solicitation of public comments through the Department of Sustainability, Environment, Water, Population and Communities’ website (Section 303DC(3)).
The Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for breaches of its provisions in this context. However, general provisions within the EPBC Act may apply to breaches of its requirements, potentially leading to enforcement actions, fines, or other penalties as prescribed by the broader legal framework. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the EPBC Act that are contravened.