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 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 in the Macquarie Island Toothfish Fishery, as defined in the Macquarie Island Toothfish Fishery Management Plan 2006 in force under the Commonwealth Fisheries Management Act 1991,
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; and
- the specimens are included in the list until 7 April 2016.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 7 April 2016.
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 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. 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 22 business days. The Australian Fisheries Management Authority was also consulted. All comments received were taken into account in the decision to include the fishery in the list of exempt native specimens.
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/2011/09
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and to regulate activities that could potentially harm the environment. The Act is administered by the Australian Government and aims to promote ecologically sustainable development through the protection of the environment. In accordance with section 303DC of the EPBC Act, an amendment was made to the List of Exempt Native Specimens to include certain specimens derived from fish or invertebrates taken in the Macquarie Island Toothfish Fishery, subject to specific conditions and restrictions. This amendment was made following consultation with relevant ministers, stakeholders, and the Australian Fisheries Management Authority, and in consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument (F2011L00598) modifies the List of Exempt Native Specimens in accordance with Section 303DC, providing a legal framework for the inclusion of certain specimens in the list. Specifically, the instrument includes specimens that are or are derived from fish or invertebrates taken in the Macquarie Island Toothfish Fishery, subject to the condition that these specimens were taken lawfully and are included in the list until 7 April 2016. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens under the EPBC Act, facilitating their continued export. The decision to include these specimens in the list was made after appropriate consultation with relevant Commonwealth and state ministers, as well as interested parties, and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments, reflecting its immediate applicability within the legislative framework.
Key Provisions
The primary operative sections of this legislation (sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) pertain to the creation and amendment of the list of exempt native specimens. According to section 303DB, this list includes specimens exempt from trade control provisions applicable to regulated native specimens. Section 303DC mandates that before amending this list, the Minister must consult relevant ministers and other persons or organisations deemed appropriate, and invites public comment on the proposal for a specified period. This particular legislative instrument adds certain specimens derived from fish or invertebrates in the Macquarie Island Toothfish Fishery to the list of exempt native specimens, with conditions and restrictions, and specifies the duration of this exemption.
The Act imposes specific obligations on parties involved in the trade of these specimens. It mandates that any specimens included in the list of exempt native specimens must be derived from fish or invertebrates taken lawfully, as per the Macquarie Island Toothfish Fishery Management Plan 2006 under the Commonwealth Fisheries Management Act 1991. These specimens are exempt from trade control provisions until 7 April 2016. The Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant stakeholders and consider public comments before making amendments to the list. Additionally, the Australian Fisheries Management Authority is to be consulted during this process.
Breaches of the provisions in this Act may lead to various civil and criminal consequences. Although the specific penalties are not detailed in the explanatory statement, under the EPBC Act, unauthorised activities related to the trade of native specimens can result in significant fines and imprisonment. For instance, under section 475 of the EPBC Act, an individual found guilty of an offence related to the trade of regulated native specimens can face fines up to AUD 210,000 and imprisonment for up to 5 years, or both. Similarly, corporations may be fined up to AUD 1,050,000. These penalties underscore the importance of compliance with the Act’s requirements to ensure sustainable management of native specimens and their trade.