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 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 New South Wales Lobster 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 specimen is included on the list until 30 March 2012.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next five years.
In determining to include the above specimens 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 Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Ian Macdonald MLC, NSW Minister for Primary Industries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the New South Wales Department of Primary Industries.
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/2007/04
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia's biodiversity and environment, particularly in relation to activities that have, or potentially could have, a significant impact. This legislation 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. The Act was introduced by the Parliament of Australia to ensure that biodiversity is protected and managed in an ecologically sustainable manner. In 2007, a legislative instrument was issued to amend the List of Exempt Native Specimens under section 303DC of the EPBC Act. This instrument added specimens derived from fish or invertebrates taken in the New South Wales Lobster Fishery to the list of exempt native specimens, subject to specific conditions and notations, such as the requirement that the specimens be taken lawfully and the inclusion being temporary until 30 March 2012. This amendment aimed to facilitate the continued export of these specimens for the next five years, while aligning with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The decision to include these specimens was made following consultations with relevant Ministers and the New South Wales Department of Primary Industries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as issued under the authority of the Minister for the Environment and Water Resources, pertains to specimens derived from fish or invertebrates taken in the New South Wales Lobster Fishery, excluding those from species listed under Part 13 of the EPBC Act. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens. It applies to entities and individuals involved in the lawful taking and export of such specimens, and is relevant to industries engaged in fishing and related activities within the specified geographic area of New South Wales. The exemption is subject to conditions, including the requirement that the specimens or their source be lawfully obtained and the specimens being included on the list only until 30 March 2012. This legislative instrument extends the application of the Act through the inclusion of specific specimens on the exempt list, thereby facilitating the continued export of these specimens for a defined period.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes a provision, under section 303DB, which establishes a list of exempt native specimens. These are specimens that are exempt from the trade control provisions applicable to regulated native specimens. The legislation in question amends this list by adding specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Lobster Fishery. This addition is subject to specific conditions: the specimens must be taken lawfully, and they will remain on the list until 30 March 2012. This amendment aims to facilitate the continued export of these specimens for a period of five years.
The Act imposes certain obligations on the entities and parties it governs, particularly regarding the lawful taking of specimens. For the specimens to be exempt, they must be taken in accordance with the law, ensuring compliance with relevant fisheries management arrangements. Additionally, consultation with relevant ministers and the New South Wales Department of Primary Industries was undertaken, as stipulated in section 303DC(3)(c) of the Act. This consultation was aimed at aligning the legislative changes with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, ensuring that the amendments support sustainable practices.
Failure to comply with the provisions of the Act, including the lawful taking of specimens and adhering to the specified conditions, may lead to various consequences. While the Act does not explicitly state the penalties for breach, under the broader framework of the EPBC Act, violations can result in substantial fines and, in severe cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any additional relevant laws that may apply. It is important for entities involved in the trade of these specimens to be fully aware of and comply with the legislative requirements to avoid any potential legal repercussions.