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 EPBC Act, taken lawfully by vessels operating in waters outside the outer limits of the exclusive economic zone of all countries (High Seas) including Australia and its external territories not already covered under existing Australian fisheries management regimes.
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 under a fishing concession issued by the Australian Fisheries Management Authority and legally imported into Australia; and
- the specimens are included in the list until 17 December 2010.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 17 December 2010.
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 Sustainability, Environment, Water, Population and Communities consulted with the Commonwealth Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority as they have management responsibilities for the fisheries 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/2010/44
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly through the regulation of activities that have a significant impact on the environment. The Act aims to achieve this by ensuring the sustainable use of natural resources and by protecting native species from the detrimental effects of trade and other activities. One of the key mechanisms under the EPBC Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. In 2010, the Act was amended to include certain specimens taken from the High Seas in this list, subject to specific conditions, to facilitate their continued export until a specified date. This amendment was made following consultations with relevant authorities, including the Commonwealth Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, and was guided by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons, entities, and activities across Australia, including those engaged in the trade of native specimens. Specifically, Section 303DB of the EPBC Act, as amended by the legislative instrument F2010L02541, pertains to the inclusion of certain specimens in the list of exempt native specimens. This exemption applies to specimens derived from fish or invertebrates taken lawfully by vessels operating in waters outside the exclusive economic zone of all countries, provided these specimens are not from species listed under Part 13 of the EPBC Act. The exemption is contingent on the specimens being lawfully taken under a fishing concession issued by the Australian Fisheries Management Authority and being legally imported into Australia. These provisions are intended to allow for the continued export of these specimens until 17 December 2010. The geographic reach of these provisions is national, extending to waters beyond the exclusive economic zones of all countries, including Australia and its external territories. The legislative instrument also notes that the Minister for Environment Protection, Heritage and the Arts must consult relevant Commonwealth and State Ministers before amending the list of exempt specimens. This particular amendment commenced on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the criteria for exempting certain native specimens from trade control provisions. Specifically, specimens derived from fish or invertebrates taken lawfully in the High Seas are exempt, provided they are not from species listed under Part 13 of the EPBC Act. This exemption applies to specimens taken by vessels operating outside the exclusive economic zone of Australia and its territories, as long as they are legally imported and obtained under a fishing concession issued by the Australian Fisheries Management Authority. The exemption is in place until 17 December 2010, allowing for the continued export of these specimens during this period.
The obligations imposed by this legislation on parties involved include ensuring that any specimens taken are lawfully obtained under a valid fishing concession and legally imported into Australia. Compliance with these conditions is essential to benefit from the exemption. The Minister for Environment Protection, Heritage and the Arts must consult with relevant ministers and authorities before amending the list of exempt specimens, a process that was followed in this instance by consulting with the Commonwealth Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority.
Breaches of the provisions outlined in the EPBC Act may lead to significant consequences. While specific offences and penalties are not detailed in the explanatory statement, general provisions of the EPBC Act outline potential civil and criminal penalties for non-compliance. Offences under the Act could lead to fines and imprisonment, with the severity of the penalties depending on the nature and extent of the breach. The Act provides for a maximum penalty of up to $66,000 for individuals and up to $330,000 for corporations, reflecting the seriousness with which the Australian Government treats violations related to environmental protection and biodiversity conservation.