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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 30 November 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 New and Exploratory Fisheries in the CCAMLR Region.
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 15 March 2012.
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 15 March 2012.
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. 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 responsibilities 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/2011/41
Overview
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC is a legislative instrument designed to modify the list of exempt native specimens under the EPBC Act. Enacted to address the need for continued export of certain fish and invertebrate specimens from the New and Exploratory Fisheries in the CCAMLR Region, the legislation revokes previous conditions on the exemption of these specimens and imposes new conditions, specifically that the specimens were taken lawfully and remain exempt until 15 March 2012. This amendment ensures alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument was developed after consultation with relevant authorities, including the Australian Fisheries Management Authority, and was enacted by the Minister for Sustainability, Environment, Water, Population and Communities under the authority granted by the Legislative Instruments Act 2003.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as outlined in instrument F2011L02399, pertains specifically to the trade of specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the New and Exploratory Fisheries in the CCAMLR Region. This amendment modifies the conditions governing the exemption of such specimens from the trade control provisions applicable to regulated native specimens, ensuring that the specimens can be legally exported until 15 March 2012, provided they were taken lawfully. The change is contingent upon the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide criteria for assessing the ecological sustainability of fisheries management arrangements. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, came into effect the day after its registration on the Federal Register of Legislative Instruments. The Minister for Sustainability, Environment, Water, Population and Communities was required to consult with relevant Commonwealth ministers, state and territory ministers, and other appropriate persons and organisations before implementing this amendment, with consultation in this instance being carried out with the Australian Fisheries Management Authority.
Key Provisions
The main operative sections of the legislation (F2011L02399) concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act pertains to the establishment of a list of specimens exempt from trade control provisions, which apply to regulated native specimens. Section 303DC allows for the amendment of this list. The legislative instrument revokes the conditions attached to the inclusion of certain specimens in the list, specifically those derived from fish or invertebrates taken in the New and Exploratory Fisheries in the CCAMLR Region, excluding those belonging to species listed under Part 13 of the Act. New conditions are imposed, stipulating that the specimens must be taken lawfully and that they remain on the list until 15 March 2012.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that any specimens included in the list of exempt native specimens must be derived from fish or invertebrates taken lawfully within the specified fisheries. This requirement ensures that the ecological sustainability criteria set out in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition are adhered to. Additionally, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before making amendments to the list. In this instance, the Delegate of the Minister consulted with the Australian Fisheries Management Authority, which has management responsibilities for the fishery in question.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breaches of the Act’s provisions. However, any non-compliance with the conditions stipulated for the exempt native specimens, such as taking specimens unlawfully, could potentially lead to legal ramifications under other relevant environmental or fisheries management laws. The Act’s focus on ensuring lawful and ecologically sustainable practices underscores its intent to protect biodiversity and manage fisheries responsibly.