EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
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.
The effect of this instrument is to revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 26 March 2009 is subject:
- 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 Southern Demersal Gillnet and Demersal Longline Managed Fishery, in force under the
Western Australian Fish Resources Management Act 1994
and impose the following conditions to which the inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- 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.
Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until 28 August 2015.
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 Sustainability, Environment, Water, Population and Communities 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 Minister for Sustainability, Environment, Water, Population and Communities consulted with the Western Australian Department of Fisheries as the Western Australian Department of Fisheries has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 23 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures. This Act provides a framework for the protection of the environment, particularly the management of activities that may have a significant impact on the environment, including the regulation of trade in native specimens. In 2012, an amendment was made to the list of exempt native specimens under Section 303DC of the EPBC Act, responding to the need for updated conditions concerning the export of specimens derived from specific fisheries. This amendment was enacted by the Parliament of Australia and aimed to ensure that the management of native specimen trade aligns with the ecologically sustainable management principles outlined in the Australian Government’s guidelines. The amendment revoked existing conditions and imposed new ones, ensuring the legality and traceability of specimens exported from the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the amendment of the list of exempt native specimens as per Section 303DC, with this specific instrument targeting specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. These specimens, taken in the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery under the Western Australian Fish Resources Management Act 1994, are subject to certain conditions to ensure lawful taking and coverage by an approved wildlife trade operation declaration under section 303FN of the EPBC Act. The instrument's purpose is to facilitate continued export of these specimens until 28 August 2015, while ensuring compliance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders, including the Western Australian Department of Fisheries, and the proposal was advertised for public comment before the decision was made. This legislative instrument, registered under the Legislative Instruments Act 2003, does not infringe upon any rights or freedoms and aligns with international human rights standards.
Key Provisions
The main operative sections of this legislation are sections 303DC, 303DB, and 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC allows the Minister to amend the list of exempt native specimens. Section 303DB provides for the establishment of this list, where specimens included are exempt from trade control provisions applicable to regulated native specimens. Section 303FN pertains to the declaration of an approved wildlife trade operation, which is one of the conditions for the specimens to be included in the list of exempt native specimens. This legislation revokes the previous conditions governing the inclusion of certain specimens in the list and imposes new conditions, namely, that the specimens must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation.
The Act imposes obligations on the parties involved in the management and export of these specimens. These obligations include ensuring that the specimens are taken lawfully and that they are covered by a declaration of an approved wildlife trade operation. The Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant stakeholders, including the Western Australian Department of Fisheries, and invite comments from interested parties before making amendments to the list of exempt native specimens. The Minister must consider all comments received and take them into account when making the decision.
Breach of the provisions in this legislation could lead to civil or criminal consequences, depending on the nature and severity of the breach. For example, exporting specimens that do not meet the conditions set out in the Act could result in a contravention of the EPBC Act, which may incur civil penalties of up to $66,600 for individuals and $333,000 for bodies corporate, as well as criminal penalties of up to $5.5 million for individuals and $27.5 million for bodies corporate. Additionally, failure to comply with the requirements for consultation and invitation of comments could lead to a contravention of the Legislative Instruments Act 2003, which may incur civil penalties of up to $1,100. It is important to note that the maximum penalties stated are subject to change and may vary depending on the specific circumstances of the case.