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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 10 August 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 Eastern Tuna and Billfish 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 1 March 2011.
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 1 March 2011.
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 the Australian Fisheries Management Authority and the Department of Agriculture, Fisheries and Forestry, as these two agencies have 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 23 business days. One comment was received during the public comment period. A further comment was received the business day following the close of the public comment period.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
For the purposes of section 12(1) of the Legislative Instruments Act 2003, the specified day for the purposes of the commencement of this instrument is 20 January 2011.
Unique Identifying Number: EPBC303DC/SFS/2010/73
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for comprehensive environmental protection and biodiversity conservation. It provides a framework for the protection of the environment and biodiversity, including regulating the trade of native specimens. One of its mechanisms is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This Act was introduced to ensure that biodiversity is protected while also facilitating responsible trade practices. The legislative instrument, F2011L00097, amends the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act. This amendment was necessitated to allow continued export of certain fish and invertebrate specimens until 1 March 2011, subject to specific conditions such as lawful taking and inclusion until the specified date. The amendment process involved consultation with relevant authorities and public comment, ensuring that the changes 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 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains specifically to the regulation of native specimens derived from fish and invertebrates, excluding those species listed under Part 13 of the Act, which are taken in the Eastern Tuna and Billfish Fishery. This amendment exempts such specimens from the trade control provisions that typically apply to regulated native specimens, thus facilitating their export. The application of this Act is directed towards entities involved in the fishery and the trade of these specimens, ensuring that they comply with the specified conditions, which include the lawful taking of the specimens and adherence to the inclusion in the list of exempt specimens until 1 March 2011. The amendment ensures continued export of these specimens until the specified date. The jurisdictional reach of the Act is national, as it is administered under the Commonwealth, but it takes into consideration the ecological sustainability of fisheries as outlined in the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. Consultations with relevant authorities and public comment periods are integral to the amendment process, reflecting a collaborative approach to environmental and biodiversity conservation.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) in this context are Section 303DB and Section 303DC. Section 303DB sets out the provisions for creating a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC provides the mechanism for amending this list. In this particular instance, the instrument amends the list to exempt certain fish and invertebrate specimens taken in the Eastern Tuna and Billfish Fishery, subject to specific conditions.
The Act imposes certain obligations and requirements on the parties or entities it governs. Firstly, it requires that any specimens included in the list must be taken lawfully. This means that the fish or invertebrates from which these specimens are derived must have been caught in accordance with applicable fishing laws and regulations. Secondly, the specimens are included in the list only until 1 March 2011. This temporal condition ensures that the exemption is not indefinite but rather limited to a specified period, allowing for periodic review of the ecological sustainability of the fishery.
Any breaches of the provisions or conditions set out in this legislative instrument may lead to civil or criminal consequences. While the explanatory statement does not detail specific offences or penalties, it is implied that any unlawful taking of specimens or continued export beyond the specified date could result in penalties under the EPBC Act. Typically, penalties for breaches of environmental legislation can include substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as well as other relevant laws and regulations.