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 Act, taken in the New and Exploratory Fisheries in the CCAMLR Region.
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 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 Ian Macdonald, Minister for Fisheries, Forestry and Conservation.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Australian Fisheries Management Authority.
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/2005/027
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This legislation provides for the establishment of a list of exempt native specimens that are exempt from the trade control provisions applicable to regulated native specimens. The 2005 amendment, introduced through legislative instrument F2005L03828, was aimed at addressing the specific issue of allowing continued export of certain specimens derived from fish or invertebrates, taken in New and Exploratory Fisheries in the CCAMLR Region, without the need for export permits. This amendment was made subject to conditions ensuring that the specimens were taken lawfully and that the relevant wildlife trade operation was approved and operating in accordance with its conditions. The amendment was enacted by the Commonwealth Parliament and involved consultation with relevant ministers and authorities, including the Australian Fisheries Management Authority, to ensure that the provisions were consistent with broader environmental and conservation objectives.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens instrument pertains to specimens of fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, that are taken in the New and Exploratory Fisheries within the CCAMLR Region. This amendment specifically applies to entities and persons engaged in these fisheries, ensuring that their activities comply with the conditions stipulated by the Act. The amendment operates within the jurisdictional scope of the Commonwealth and is applicable to all fisheries operating in the CCAMLR Region, provided they adhere to the requirements of the Act and maintain a valid declaration under an approved Wildlife Trade Operation. The inclusion of these specimens on the list of exempt native specimens exempts them from the trade control provisions that apply to regulated native specimens, facilitating their continued export without the need for export permits, so long as the wildlife trade operation declaration remains in effect. Any cessation of the fishery's compliance with WTO conditions or revocation of the WTO would result in the removal of the declaration from the list and a prohibition on exports.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) establishes the framework for exempting certain native specimens from trade control provisions, provided they are not listed under Part 13 of the Act. This legislative instrument amends the list of exempt native specimens to include fish or invertebrate specimens taken in the New and Exploratory Fisheries in the CCAMLR Region, subject to specific conditions (Section 303DC). These specimens are exempt from the need for export permits as long as the wildlife trade operation (WTO) declaration is in effect. The WTO declaration must be in line with section 303FN of the Act and must cover the fishery. If the WTO declaration expires or is revoked, the exemption will no longer apply, and exports will require the necessary permits.
The Act imposes several obligations on the parties and entities it governs. Firstly, it requires that any specimens included on the list of exempt native specimens must be taken lawfully. Secondly, the specimens must be covered by a declaration of an approved WTO under section 303FN. This means that the fishery must adhere to the WTO conditions and ensure that the WTO remains in force. Non-compliance with these obligations could result in the loss of the exemption and potential legal consequences.
In terms of potential breaches, the Act stipulates various offences, penalties, or civil/criminal consequences. For instance, if a specimen is taken unlawfully or exported without the required WTO declaration, it could result in civil penalties. The exact penalties are not specified in the legislative instrument, but they can include fines and other sanctions as prescribed under the Act. Furthermore, any entity that fails to comply with the WTO conditions or does not maintain the WTO declaration could face revocation of their WTO, which would necessitate obtaining export permits for the specimens in question.