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 South Australian Marine Scalefish 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 Rory McEwan, South Australian Minister for Agriculture, Food and Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Primary Industries and Resources, South 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/2005/023
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. The Act addresses the problem of regulating the trade of native specimens, ensuring that it does not negatively impact the environment or endangered species. The explanatory statement for this legislation pertains to an amendment of the List of Exempt Native Specimens in accordance with section 303DC of the Act. This amendment was introduced to allow continued export of certain fish and invertebrate specimens taken in the South Australian Marine Scalefish Fishery without requiring export permits, provided that the wildlife trade operation declaration is in force and the fishery operates in accordance with its conditions. This change was enacted by the Parliament of Australia and aims to facilitate trade while maintaining environmental protections.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to fish and invertebrate specimens taken in the South Australian Marine Scalefish Fishery. The Act exempts these specimens from the trade control provisions that apply to regulated native specimens, provided that they are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This amendment allows for the continued export of these specimens without the need for export permits, as long as the Wildlife Trade Operation declaration remains in force and the fishery operates in accordance with the WTO conditions. This legislative instrument applies specifically to entities and individuals involved in the South Australian Marine Scalefish Fishery and extends to the Commonwealth and the State of South Australia. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) establishes a list of exempt native specimens under section 303DB. This list includes specimens that are exempt from trade control provisions applicable to regulated native specimens. The legislation in question amends the list of exempt native specimens to include specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Marine Scalefish Fishery. This amendment, pursuant to section 303DC, allows for the continued export of these specimens without the need for export permits, provided that certain conditions are met.
To be included on the list of exempt native specimens, the specimens must be taken lawfully, and the fish or invertebrate from which they are derived must have been taken in compliance with the law. Furthermore, the specimens must be covered by the declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act in relation to the fishery. This WTO declaration must be in force for the specimens to remain exempt from the usual trade control provisions. The Act mandates that the fishery must operate in accordance with its WTO conditions. If the WTO is revoked or expires, the specimens will no longer be exempt, and export permits will be required.
The obligations imposed by this legislation on the parties involved are significant. The fishery must ensure that all specimens derived from the South Australian Marine Scalefish Fishery comply with the legal requirements for taking and exporting the specimens. This includes maintaining records and documentation that prove the specimens were taken lawfully and that they are covered by the WTO declaration. The Department of Primary Industries and Resources, South Australia, and relevant Ministers were consulted in the development of this legislation to ensure it meets regulatory standards and to incorporate relevant stakeholder feedback.
Failure to comply with the conditions outlined in the legislation can result in serious consequences. The Act does not explicitly state the penalties for non-compliance, but breaches of wildlife trade regulations under the EPBC Act can lead to both civil and criminal penalties. Civil penalties can include substantial fines, while criminal penalties may include imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as other relevant factors considered by the courts. Ensuring adherence to the WTO conditions and maintaining compliance with the legal requirements is crucial to avoid these potential penalties.