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 Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the 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 specimens 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 Joint Authority Northern Shark Fishery.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
- 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.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, as long as the wildlife trade operation (WTO) declaration is in force. The fishery must continue to operate in accordance with its WTO conditions or the WTO must be revoked. Should a fishery WTO expire or be revoked, the declaration will no longer apply and will be removed from the list of exempt native specimens. Export would no longer be permitted.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: The Hon Jon Ford MLC, Minister for Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Fisheries, Western Australia.
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/2006/08
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a unified approach to the protection of the environment and biodiversity in Australia. This Act, administered by the Commonwealth Parliament, aims to provide for the protection of the environment, especially with regard to matters of national environmental significance. An amendment to this Act, specifically F2006L00650, was introduced to further refine the regulatory framework around the trade of native specimens by adding certain fish and invertebrate specimens to the list of exempt native specimens. This amendment was designed to streamline the export process of these specimens, ensuring that they remain exempt from trade control provisions provided they are taken lawfully and are covered by an approved Wildlife Trade Operation declaration. This legislative instrument facilitates continued exportation without the need for export permits, provided the relevant conditions are met.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a comprehensive piece of Australian legislation that seeks to protect and manage Australia's environment, particularly its biodiversity. The Act applies to a broad range of persons, entities, and industries, with specific provisions targeting the trade of native specimens, including plants and animals. This particular legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the Act, affecting the trade of specimens derived from fish or invertebrates taken in the Joint Authority Northern Shark Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This amendment is subject to the condition that the specimens are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the Act. This exemption allows continued export of these specimens without the need for export permits, provided the WTO declaration remains in force and the fishery adheres to its WTO conditions. Should the WTO expire or be revoked, the exemption ceases, and export of the specimens would no longer be permitted. This legislative instrument applies nationally, covering all states and territories under the Commonwealth's jurisdiction.
Key Provisions
The main operative sections of this legislation (section 303DB and section 303DC) establish the criteria for listing exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DB outlines the creation of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC specifies the process for adding specimens to this list, including the requirement for consultation with relevant ministers and departments as detailed in section 303DC(3)(c). This particular instrument adds specimens from the Joint Authority Northern Shark Fishery to the list of exempt native specimens, provided they meet certain conditions.
The Act imposes several obligations and requirements on the parties involved. Firstly, the specimens must be taken lawfully. This means that the fishing activities must comply with all relevant laws and regulations. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act. This WTO declaration ensures that the fishery operates under conditions that protect the environment and biodiversity. Failure to comply with these conditions could lead to the revocation of the WTO declaration, thereby removing the specimens from the list of exempt native specimens and requiring export permits for their export.
Breaching the conditions set out in this legislation can result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, under the EPBC Act, breaches can lead to substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any previous convictions. It is also important to note that the WTO conditions must be adhered to strictly; non-compliance can lead to the WTO being revoked, which would then necessitate export permits for these specimens, effectively halting their export until new WTO conditions are met.
This legislative instrument also mandates consultation with relevant ministers and departments, including the Hon Jon Ford MLC, Minister for Fisheries, and the Department of Fisheries, Western Australia. This ensures that the interests of all stakeholders are considered and that the listing of these specimens aligns with broader environmental and biodiversity protection goals. By following this process, the legislation aims to balance the need for continued trade with the imperative to protect native species and ecosystems.