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 EPBC Act, taken in the New South Wales Abalone 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 24 April 2015.
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 24 April 2015. The only effect of this amendment is to extend this date.
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 fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment 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 the Environment consulted with the New South Wales Department of Primary Industries as the New South Wales Department of Primary Industries has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia. It provides a framework for the protection of the environment and biodiversity through various mechanisms, including the establishment of a list of exempt native specimens. The Act aims to ensure the ecologically sustainable development and use of natural resources while protecting the environment from harmful impacts. This legislative instrument amends the list of exempt native specimens in accordance with Section 303DC of the EPBC Act. Specifically, it revokes the conditions for the inclusion of specimens that are or are derived from fish or invertebrates taken in the New South Wales Abalone Fishery, other than those belonging to species listed under Part 13 of the EPBC Act, and imposes new conditions for their inclusion in the list. This amendment aims to allow continued export of these specimens until 24 April 2015, extending the previous date. The decision to include these specimens in the list of exempt native specimens was made in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, represented by F2014L01077, pertains specifically to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken within the New South Wales Abalone Fishery. This legislative amendment effectively revokes previously imposed conditions on the inclusion of these specimens in the list of exempt native specimens, thereby exempting them from trade control provisions applicable to regulated native specimens. The purpose of this amendment is to facilitate the continued export of these specimens until 24 April 2015, provided that they were taken lawfully. The jurisdictional reach of this Act is federal, applying across Australia and governed by the Commonwealth. This legislative instrument does not infringe upon any applicable rights or freedoms and is consistent with the human rights and freedoms outlined in international instruments. The instrument took effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislative instrument (F2014L01077) involve amendments to the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. This instrument revokes the existing conditions for specimens taken in the New South Wales Abalone Fishery and imposes new conditions. The specimens in question are fish or invertebrate specimens, other than those belonging to species listed under Part 13 of the EPBC Act. The new conditions stipulate that the specimens must be taken lawfully and must remain on the list until 24 April 2015. This change extends the date for the continued export of these specimens.
The obligations and requirements imposed by this Act on the parties and entities it governs revolve around the lawful taking of specimens and their inclusion on the list of exempt native specimens. The Act mandates that the specimens must be taken lawfully, meaning they must comply with all applicable laws and regulations concerning their collection. Additionally, the specimens are included on the list until 24 April 2015, which imposes a time limit on their exemption status. This ensures that there is a clear and regulated period during which these specimens can be exported without the need for further trade controls.
The Act also outlines the consequences for non-compliance with its provisions. While specific offences and penalties are not detailed in the text, the revocation and amendment of the list of exempt native specimens imply that any breaches of the new conditions, such as taking specimens unlawfully or exporting them beyond the specified date, could result in legal consequences. The Act's compatibility with human rights and freedoms indicates that these legal consequences would need to align with broader human rights standards and not infringe upon any recognised rights or freedoms. This ensures that the Act operates within the framework of both environmental protection and human rights.