EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Water Resources)
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 on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimen to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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 Heard Island and McDonald Islands Fishery, as defined in the Heard Island and McDonald Islands Fishery Management Plan 2002, in force under the Fisheries Management Act 1991.
The inclusion of the specimen in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- The specimen is included on the list until 9 May 2012
Listing of the specimen described above on the list of exempt native specimens will allow continued export of the specimen for the next five years.
In determining to include the above specimen in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
In accordance with section 303DC of the EPBC Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: Senator the Hon Eric Abetz, Minister for Fisheries, Forestry and Conservation.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the EPBC Act. This extended to the Australian Fisheries Management Authority.
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/2007/06
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by managing the impact of activities that may harm native species and their habitats. This legislation, through its amendment of the List of Exempt Native Specimens as detailed in the legislative instrument F2007L01344, aims to regulate the trade of native specimens, exempting certain specimens from the trade control provisions. The instrument adds specific fish and invertebrate specimens, taken in the Heard Island and McDonald Islands Fishery, to the list of exempt native specimens, subject to conditions such as lawful taking and a specified time limit until 9 May 2012. The policy objective in amending the list aligns with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of these fisheries meets ecological sustainability criteria. This legislative amendment was undertaken after consultation with relevant Ministers and authorities, including the Australian Fisheries Management Authority, to ensure compliance with the EPBC Act and to facilitate continued export of the specimens for a defined period.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that provides for the protection of the environment and biodiversity, including the regulation of the trade in native specimens. This Act applies to persons and entities engaged in the trade of native specimens, particularly those involved in the fishing and aquaculture industries within Australia’s jurisdictional waters. The specified legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act, allowing certain fish and invertebrate specimens taken in the Heard Island and McDonald Islands Fishery to be exempt from the trade control provisions. These exemptions are subject to the condition that the specimens were taken lawfully and are valid until 9 May 2012. This exemption facilitates the continued export of these specimens during the specified period. The Act's jurisdictional reach extends to Commonwealth waters, specifically within the Heard Island and McDonald Islands Fishery, as defined under the Fisheries Management Act 1991. The instrument is subject to consultation with relevant ministers and authorities, ensuring alignment with Australia’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DB) provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens to include certain specimens taken in the Heard Island and McDonald Islands Fishery, as defined in the Heard Island and McDonald Islands Fishery Management Plan 2002. Specifically, the instrument adds specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the aforementioned fishery. This amendment is subject to specific notations, including the requirement that the specimen or the fish or invertebrate from which it is derived must have been taken lawfully and that the inclusion on the list of exempt native specimens is valid until 9 May 2012.
The obligations imposed by this legislation on the parties or entities it governs are primarily concerned with ensuring that the specimens in question were taken lawfully and that any exports are conducted in accordance with the terms set out in the EPBC Act. Specifically, it requires that the specimens included in the list must be derived from lawful activities and are subject to the specified duration of exemption. Compliance with these conditions is essential to ensure that the ecological sustainability of the fishery is maintained and that the trade in these specimens does not negatively impact protected species.
Failure to comply with the provisions of the EPBC Act, including the specific requirements outlined in this legislative instrument, can result in a range of civil and criminal consequences. Although the specific penalties are not detailed in the instrument, breaches of the EPBC Act can generally lead to significant fines and potential imprisonment. The exact penalties will depend on the nature and severity of the breach, as well as any relevant precedents set by previous cases under the Act. It is important for parties involved in the trade of these specimens to be fully aware of their obligations to avoid any potential legal repercussions.