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 Queensland Mud Crab Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995.
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; and
- The specimen is included on the list until 24 August 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 Tim Mulherin MP, Minister for Primary Industries and Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Queensland Department of Primary Industries and Fisheries.
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/2007/08
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, and to establish a framework for the sustainable use of biodiversity. The Act addresses the gap in environmental protection by providing a national framework for the conservation and sustainable use of biodiversity. Enacted by the Commonwealth Parliament, the EPBC Act aims to protect and conserve the environment, particularly focusing on biodiversity and heritage, through stringent regulations and the establishment of lists to control the trade of native species. This particular legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act to include certain specimens from the Queensland Mud Crab Fishery, subject to specific conditions and notations. The inclusion of these specimens on the list facilitates the continued export of these specimens until 24 August 2012, aligning with the Australian Government's Guidelines for the ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities that may impact the environment, including native flora and fauna. This particular legislative instrument amends the list of exempt native specimens under section 303DB of the Act, allowing for the continued export of certain specimens derived from fish or invertebrates taken within the Queensland Mud Crab Fishery, subject to specific conditions. This amendment applies to those specimens taken in accordance with the management regime defined under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995, with the condition that the specimens, or the fish or invertebrate from which they are derived, were taken lawfully. Furthermore, these specimens are included on the list of exempt native specimens until 24 August 2012, providing a five-year window for continued export. The legislative instrument ensures that the amendments are aligned with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, and the process involved consultations with relevant Ministers and the Queensland Department of Primary Industries and Fisheries.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended by adding certain specimens to the list of exempt native specimens under section 303DB (1). Specifically, 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 Queensland Mud Crab Fishery, are now exempt from the trade control provisions. This inclusion is contingent upon the specimens being taken lawfully and is set to remain in effect until 24 August 2012. The amendment aims to facilitate the continued export of these specimens for the subsequent five years.
Entities and individuals involved in the trade of these specimens are required to ensure that they comply with the criteria set forth in the EPBC Act, specifically regarding the lawful taking of the specimens and adherence to the stipulated date until which the exemption remains in effect. Proper documentation and certification will be necessary to substantiate compliance with these conditions, ensuring that all exports of the specified specimens are conducted within the legal framework provided by the Act.
Non-compliance with the provisions of the Act can result in several consequences. Breaches of the trade control provisions may lead to legal action against the offending parties. For violations involving the illegal taking of specimens, penalties may include fines and imprisonment. The maximum penalties can vary depending on the severity of the offence, but they are designed to enforce compliance with environmental protection and biodiversity conservation objectives. The legal framework thus serves to uphold ecological sustainability and proper management of fisheries as outlined in the Australian Government’s Guidelines for the ecologically sustainable management of fisheries.