EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a)
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.
This instrument varies conditions to which inclusion of specimens in the list of exempt native specimens are subject, to allow continued export approval of the specimens until the specified dates. The relevant specimens are those taken in eight fisheries managed respectively by the: Victorian Department of Economic Development, Jobs, Transport and Resources; the New South Wales Department of Primary Industries; the Tasmanian Department of Primary Industries, Parks, Water and Environment; Primary Industries and Regions South Australia; the Australian Fisheries Management Authority, and the Department of Fisheries Western Australia. The eight fisheries and the specified dates for inclusion are listed below:
- Victorian Scallop (Ocean) Fishery - 4 August 2017
- Victorian Giant Crab Fishery - 4 August 2017
- New South Wales Estuary Prawn Trawl Fishery - 4 August 2017
- New South Wales Abalone Fishery - 4 August 2017
- Tasmanian King Island Cast Bull Kelp Fishery - 4 August 2017
- South Australian Lakes and Coorong Fishery - 4 August 2017
- Western Australian Bech-de-mer Fishery - 4 August 2017
- Torres Strait Trochus Fishery - 4 August 2017.
References to definitions in instruments made under or in force under legislation are to be read as references to provisions in those instruments and legislation as in force from time to time.
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 the Environment and Energy 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 the Environment and Energy consulted with the: Victorian Department of Economic Development, Jobs, Transport and Resources; the New South Wales Department of Primary Industries; the Tasmanian Department of Primary Industries, Parks, Water and Environment; Primary Industries and Regions South Australia; the Australian Fisheries Management Authority, and the Department of Fisheries Western Australia, as these agencies have management responsibilities for the eight fisheries concerned.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislation.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and biodiversity through various measures, including the regulation of the trade of native specimens. Section 303DB of the EPBC Act facilitates the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. In 2016, an amendment to this list was made under Section 303DC(1)(a) of the EPBC Act, allowing continued export approval of specimens from eight fisheries until 4 August 2017. This amendment was introduced by the Minister for the Environment and Energy, following consultation with relevant state and territory departments responsible for managing these fisheries. The amendment aimed to ensure that the export of specimens from these fisheries remains compliant with the EPBC Act, while adhering to the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens (F2016L01262) modifies the list of native specimens exempt from trade controls, applying to specimens from eight fisheries managed by various state and territory departments. These fisheries include the Victorian Scallop and Giant Crab Fisheries, New South Wales Estuary Prawn Trawl and Abalone Fisheries, Tasmanian King Island Cast Bull Kelp Fishery, South Australian Lakes and Coorong Fishery, Western Australian Bech-de-mer Fishery, and Torres Strait Trochus Fishery. The amendment ensures that exports of these specimens continue to be approved until 4 August 2017. The legislation operates under the Commonwealth jurisdiction and mandates consultation with relevant state and territory ministers and agencies, as specified in subsection 303DC(3) of the EPBC Act. The amendment was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and commenced upon registration on the Federal Register of Legislation.
Key Provisions
The key sections of this legislation, F2016L01262, amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by modifying the List of Exempt Native Specimens under section 303DB(1)(a) (section 3). This amendment pertains specifically to specimens taken from eight fisheries managed by various state and territory departments. The fisheries in question are the Victorian Scallop (Ocean) Fishery, Victorian Giant Crab Fishery, New South Wales Estuary Prawn Trawl Fishery, New South Wales Abalone Fishery, Tasmanian King Island Cast Bull Kelp Fishery, South Australian Lakes and Coorong Fishery, Western Australian Bech-de-mer Fishery, and Torres Strait Trochus Fishery. The specified date for the inclusion of these specimens in the list of exempt native specimens is 4 August 2017 (section 3).
The obligations imposed by this legislation on the parties involved primarily revolve around the continued export approval of the specified specimens until the stipulated dates. These obligations necessitate adherence to the amended conditions for inclusion in the list of exempt native specimens. The Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’ were considered in determining the inclusion of these specimens, reflecting the criteria for assessing the ecological sustainability of the relevant fisheries’ management arrangements (section 3). Prior to the amendment, the Minister for the Environment and Energy was required to consult with relevant ministers and other appropriate persons and organisations, as stipulated in subsection 303DC(3) of the EPBC Act (section 3). In this instance, consultations were held with the relevant state and territory departments managing the fisheries in question.
The legislation does not explicitly outline specific offences, penalties, or consequences for breaches within the document provided. However, under the EPBC Act, unauthorised actions related to the trade of native specimens could lead to civil or criminal penalties. These may include fines and imprisonment, depending on the severity and nature of the breach. The maximum penalties for such offences can vary, but they are typically substantial to ensure compliance with environmental protection and biodiversity conservation laws. It is important for parties involved to ensure they adhere to the requirements set forth in the EPBC Act to avoid potential legal repercussions.