EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
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 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 Act, taken in the Gascoyne Demersal Scalefish Managed Fishery, as defined in the Gascoyne Demersal Scalefish Managed Fishery Management Plan 2010, in force under the Western Australian Fish Resources Management Act 1994;
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 included in the list until 30 September 2014.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 30 September 2014.
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 Environment Protection, Heritage and the Arts 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 Environment Protection, Heritage and the Arts consulted with the Department of Fisheries Western Australian as the Department has management responsibility for the fishery concerned.
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/2010/38
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and environmental heritage. Enacted by the Parliament of Australia, the EPBC Act serves to protect and manage the environment by providing for the control of actions that may significantly impact the environment, including native species and ecosystems. This legislative instrument, which includes certain fish and invertebrate specimens taken in the Gascoyne Demersal Scalefish Managed Fishery under specific conditions, aims to facilitate the continued export of these specimens while ensuring they are taken lawfully and sustainably, aligning with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The inclusion of these specimens on the list of exempt native specimens is contingent on compliance with the noted restrictions and conditions, reflecting the policy objective of balancing environmental protection with economic activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by F2010L02393, applies to specimens derived from fish or invertebrates taken in the Gascoyne Demersal Scalefish Managed Fishery in Western Australia. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they are lawfully taken and are not species listed under Part 13 of the Act. The exemption is in effect until 30 September 2014, facilitating continued export of these specimens during this period. The decision to include these specimens in the exempt list was made with consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fishery management arrangements meet sustainability criteria. The Minister for Environment Protection, Heritage and the Arts is required to consult with relevant Ministers and stakeholders before amending the list, and in this case, consultation was conducted with the Department of Fisheries Western Australia due to their management responsibilities over the fishery.
Key Provisions
The main operative sections of the instrument are sections 303DB and 303DC(3) of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Section 303DB establishes the list of exempt native specimens, and the instrument includes specific fish and invertebrate specimens from the Gascoyne Demersal Scalefish Managed Fishery in this list (subsection 303DB(1)). These specimens are exempt from the trade control provisions that apply to regulated native specimens, as long as certain conditions are met. Section 303DC(3) requires the Minister for Environment Protection, Heritage and the Arts to consult with relevant Ministers and other appropriate persons or organisations before amending the list of exempt native specimens. In this instance, the Minister's Delegate consulted with the Department of Fisheries Western Australia, which has management responsibility for the fishery in question.
The Act imposes specific obligations and requirements on the parties involved. Firstly, for the specimens to be exempt, they must be derived from fish or invertebrates taken in the Gascoyne Demersal Scalefish Managed Fishery, and they must not belong to species listed under Part 13 of the Act. Secondly, the fish or invertebrate from which the specimen is derived must have been taken lawfully, in accordance with the Western Australian Fish Resources Management Act 1994. Finally, the exemption is only valid until 30 September 2014, as per the terms of the instrument.
There are no specific offences, penalties, or civil or criminal consequences outlined in the instrument for breaches of the conditions of the exemption. However, any breach of the conditions under which the specimens are exempt from trade control provisions may lead to enforcement actions under the EPBC Act or other relevant legislation. The Act includes general provisions for offences, penalties, and consequences for breaches, which could apply if the specimens were to be traded in a manner contrary to the conditions set out in the instrument.