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 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 Eastern Tuna and Billfish Fishery, as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010 in force under the Commonwealth Fisheries Management Act 1991,
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 22 days. The Department of Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority were also consulted. All comments received were taken into account in the decision to include 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/2011/03
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment and the sustainable use of natural resources. One of the mechanisms through which the EPBC Act achieves these objectives is by regulating the trade of native specimens, with certain exceptions. In 2011, the Act was amended to include a list of exempt native specimens, and this legislative instrument further modifies that list. The inclusion of certain fish and invertebrate specimens from the Eastern Tuna and Billfish Fishery into the list of exempt native specimens aims to streamline trade processes while ensuring that these activities remain ecologically sustainable. This amendment was made in accordance with the policy objective of managing fisheries sustainably and was developed with consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list involved consultation with relevant ministers and stakeholders, and the feedback was incorporated into the final decision.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, that are taken in the Eastern Tuna and Billfish Fishery. This exemption applies to activities within the Commonwealth and aligns with the provisions set out in the Eastern Tuna and Billfish Fishery Management Plan 2010 under the Commonwealth Fisheries Management Act 1991. The exemption is subject to the condition that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The amendment process involved consultation with relevant Commonwealth and state ministers, as well as public consultation via the Department of Sustainability, Environment, Water, Population and Communities’ website. This legislative instrument, registered under the Legislative Instruments Act 2003, came into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment concern the inclusion of certain specimens in the list of exempt native specimens under Section 303DB (subsection 303DC). Specifically, specimens that are or are derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery, as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010, are included in this list. However, this exemption is subject to two conditions: the specimens must be taken lawfully, and they must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the EPBC Act. This legislative instrument ensures that these specimens are exempt from the trade control provisions that apply to regulated native specimens, but only if these conditions are met.
The Act imposes several obligations on the parties involved. Firstly, it mandates that the Minister for Sustainability, Environment, Water, Population and Communities must consult with other relevant ministers and stakeholders before amending the list of exempt native specimens. This consultation process is outlined in Subsection 303DC(3) and includes inviting public comment for a specified period, in this case, 22 days. The proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities' website. Additionally, the Department of Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority were consulted, and all comments received were taken into account in the decision-making process. These steps ensure that the amendment process is transparent and considers the input of all relevant parties.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Act for breaches related to the inclusion of specimens in the list of exempt native specimens. However, the Act does provide for general enforcement mechanisms under other sections, which may be applicable if there are violations related to the trade or management of native specimens. For instance, under Section 619 of the EPBC Act, persons who contravene the Act or regulations may be subject to fines of up to $66,000 for individuals and $330,000 for bodies corporate, or imprisonment for up to two years, or both, for serious or repeated breaches. These penalties serve as a deterrent against non-compliance and ensure the protection of native species and their habitats.