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 (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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 1 December 2005 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 Act, taken in the Macquarie Island Toothfish Fishery,
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 included in the list until 7 April 2011.
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 7 April 2011.
In determining to include the specimens on 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. In this instance, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibility for the fishery 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/2010/63
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. This Act addresses the gap in environmental regulation by establishing a comprehensive framework for the protection and management of the environment, including biodiversity, and by controlling activities that could adversely affect it. The Act was introduced by the Australian Parliament to ensure the protection of the environment from potentially harmful activities, and to align Australia’s environmental responsibilities with international obligations. The legislative instrument F2010L03073 amends the list of exempt native specimens under the EPBC Act by revoking previous conditions on the export of certain specimens derived from fish or invertebrates taken in the Macquarie Island Toothfish Fishery and imposing new conditions, thereby facilitating continued export until 7 April 2011, in accordance with Australia's guidelines for ecologically sustainable fisheries management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the management of native specimens and their trade in Australia. Under this Act, Section 303DB provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. This legislative instrument amends the list of exempt native specimens, specifically concerning specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the Macquarie Island Toothfish Fishery. The amendment revokes the previous conditions attached to these specimens and imposes new conditions: the specimens must have been taken lawfully, and their inclusion on the list will remain until 7 April 2011. This change allows for the continued export of these specimens until the specified date. The decision to amend the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide criteria for assessing the ecological sustainability of relevant fisheries management arrangements. Before making this amendment, the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority, which has management responsibility for the fishery in question, as required by Subsection 303DC(3) of the EPBC Act.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DB of the EPBC Act outlines the establishment of a list of exempt native specimens that are exempt from the trade control provisions applicable to regulated native specimens. This amendment targets the exemption conditions for specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, taken in the Macquarie Island Toothfish Fishery. The amendment revokes previous conditions imposed on 1 December 2005 and introduces new conditions, effective until 7 April 2011, which stipulate that the specimens must have been taken lawfully and must be included in the list until the specified date. These changes aim to facilitate the continued export of these specimens until the new conditions expire.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with ensuring that the specimens included in the list of exempt native specimens are taken lawfully. This requirement applies to any fish or invertebrate specimens, or derived specimens, from the Macquarie Island Toothfish Fishery. Furthermore, the inclusion of these specimens in the list is time-bound, valid only until 7 April 2011. The Act also mandates that the Minister for Sustainability, Environment, Water, Population and Communities consult with appropriate Commonwealth and state ministers, as well as other relevant persons and organisations, before making amendments to the list. In this instance, consultation was undertaken with the Australian Fisheries Management Authority due to their management responsibility for the concerned fishery.
In terms of consequences for breach, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences within the explanatory statement. However, given the nature of the EPBC Act, breaches of the conditions or obligations could potentially lead to legal ramifications under the broader provisions of the Act. These may include fines, imprisonment, or other penalties as prescribed by the Act, although the exact penalties are not detailed in the explanatory statement. The overarching objective of the Act is to ensure the ecological sustainability of fisheries, and any failure to comply with the specified conditions could result in enforcement actions taken by relevant authorities.