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 on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to delete from the list of exempt native specimens the specimens and any and associated notations specified in the Schedule.
The rationale for the deletion was to align EPBC Act instruments with administrative amendments made to the Queensland Fisheries Regulation 1995. Those regulations have recently been repealed and have been replaced with the Queensland Fisheries Regulations 2008 (which commenced on 1 April 2008). The specimens are required to be deleted from the list as the description of the specimens refers to the repealed regulations. A separate instrument (Unique Identifying Number: EPBC303DC/SFS/2008/12) will ensure that the specimens are included on the List of Exempt Native Specimens with references to the current arrangements in place in Queensland for the fisheries concerned.
Consultation was undertaken in accordance with subsection 303DC(3) of the EPBC Act. This subsection requires consultation to take place with other Ministers (including Ministers of States and self-governing Territories) and other such persons and organisations, as considered appropriate. In this instance, consultation took place with the Queensland Department of Primary Industry and Fisheries. Consultation with other Ministers and the wider community was not undertaken as the instrument is considered to be of a machinery nature required to reflect the change in the Queensland fisheries legislation, and did not affect the assessment criteria on which the original EPBC Act instruments were granted.
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/2008/13
SCHEDULE
Deletion from the List of Exempt Native Specimens
Taxon /Item | Notation |
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 East Coast Pearl Fishery, as defined in the regime, made under the Queensland Fisheries Regulation 1995, in force under the Fisheries Act 1994. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully. Included on the list until 20/1/2010 |
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 Queensland Eel Fishery, as defined in the management regime, made under the Queensland Fisheries Act 1994 and the Fisheries Regulation 1995. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully. Included on the list until 3/11/2009. |
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 Queensland Marine Specimen Shell Fishery, as defined in the management regime, made under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully. Included on the list until 12/11/2009. |
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 Queensland Mud Crab Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully. Included on the list until 24/8/2012. |
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 Queensland Spanner Crab Fishery, as defined in the regime made under the Fisheries (Spanner Crab) Management Plan 1999 and the Queensland Fisheries Regulation 1995 in force under the Fisheries Act 1994. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully. Included on the list until 5/2/2012. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act aims to establish a comprehensive framework for environmental protection that includes the regulation of activities that may have a significant impact on the environment. In 2008, an amendment was introduced to the List of Exempt Native Specimens under section 303DC of the EPBC Act to align with administrative changes made to the Queensland Fisheries Regulation 1995, which were subsequently replaced by the Queensland Fisheries Regulations 2008. This amendment involved deleting certain specimens from the list of exempt native specimens as their descriptions referred to the repealed regulations. The policy objective of this amendment was to ensure that the EPBC Act remains consistent with the current Queensland fisheries legislation. Consultation with relevant stakeholders, including the Queensland Department of Primary Industry and Fisheries, was undertaken to facilitate this change.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out provisions for the conservation and management of Australia's biodiversity, including regulations around the trade of native specimens. Section 303DB of the EPBC Act establishes a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. This particular legislative instrument amends the list by removing certain specimens taken in various Queensland fisheries, aligning with recent administrative changes in Queensland's fisheries regulations. The specimens in question, derived from fish or invertebrates and lawfully taken, were previously exempt under references to the now repealed Queensland Fisheries Regulation 1995. These changes are effective until specified dates, reflecting the timeline for updating references to the new Queensland Fisheries Regulations 2008. The instrument is part of the legislative framework under the EPBC Act and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main sections of this legislation pertain to the amendment of the List of Exempt Native Specimens as outlined in Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB of the EPBC Act sets up the List of Exempt Native Specimens, which exempts certain native specimens from the trade control provisions applicable to regulated native specimens. This instrument seeks to remove certain specimens from this list (Section 303DC). The specimens that are to be deleted from the list include those derived from fish or invertebrates taken in specific fisheries in Queensland, such as the East Coast Pearl Fishery, the Queensland Eel Fishery, the Queensland Marine Specimen Shell Fishery, the Queensland Mud Crab Fishery, and the Queensland Spanner Crab Fishery. These specimens are to be deleted as the description of the specimens refers to the repealed Queensland Fisheries Regulation 1995.
The obligations imposed by this legislation on parties and entities are primarily concerned with compliance with the updated list of exempt native specimens. Entities engaged in the trade of the specified specimens must ensure that they adhere to the new regulatory framework. This includes updating their records and practices to reflect the deletion of these specimens from the list of exempt native specimens. The deletion aligns with the administrative changes in Queensland's fisheries regulations, necessitating adjustments in how these specimens are treated under the EPBC Act. Furthermore, the legislation requires consultation with relevant authorities such as the Queensland Department of Primary Industry and Fisheries to ensure that the changes are effectively implemented and understood.
There are no specific offences, penalties, or civil/criminal consequences mentioned within the text of this legislation for non-compliance with the deletion of specimens from the list. However, general provisions under the EPBC Act could apply to those who fail to comply with its requirements. Violations of the EPBC Act can lead to civil penalties of up to $666,000 for corporations and $133,200 for individuals, as well as potential criminal penalties. These penalties are intended to enforce compliance and uphold the environmental protections outlined in the Act. The updated list ensures that the legislative framework remains consistent with current administrative practices in Queensland, thereby maintaining the integrity of biodiversity conservation efforts.