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 1 December 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 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 12 August 2011.
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 12 August 2011.
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 New South Wales Department of Primary Industries as that department has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 22 business days. No public comments were received.
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/2011/16
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the nation's environment, particularly focusing on biodiversity and ecological processes. It establishes a framework for the regulation of activities that may impact the environment, including the trade of native species. In this context, the Act provides for the creation of a list of exempt native specimens that are exempt from the stringent trade control provisions applied to regulated native specimens. This legislative instrument amends the list of exempt native specimens by revoking the conditions attached to certain specimens from the New South Wales Abalone Fishery and imposes new conditions to ensure that these specimens remain exempt until a specified date. The amendment was enacted by the Minister for Sustainability, Environment, Water, Population and Communities under subsection 303DC(3) of the EPBC Act, after consulting with relevant stakeholders and inviting public comment, which yielded no responses. The primary objective of this legislative amendment is to facilitate the continued lawful export of these specimens while adhering to the Australian Government's guidelines for ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to specimens that are or are derived from fish or invertebrates taken in the New South Wales Abalone Fishery, excluding those specimens belonging to species listed under Part 13 of the Act. This legislative instrument exempts these specimens from the trade control provisions applicable to regulated native specimens, provided they are taken lawfully and remain in the list until 12 August 2011. The amendment aims to facilitate the continued export of these specimens until the specified date, reflecting the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The application of this Act is overseen by the Minister for Sustainability, Environment, Water, Population and Communities, who is required to consult with relevant stakeholders, including the New South Wales Department of Primary Industries, before making amendments to the list of exempt native specimens. The legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The legislation in question, F2011L01289, amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by modifying the List of Exempt Native Specimens in accordance with section 303DC. Under section 303DB of the EPBC Act, a list of exempt native specimens has been established, and those specimens are exempt from the trade control provisions applicable to regulated native specimens. The primary change introduced by this instrument is the revocation of the conditions attached to the inclusion of specimens that are or are derived from fish or invertebrates taken in the New South Wales Abalone Fishery, which were listed as exempt on 1 December 2005 (section 303DC(1)). In their place, the instrument imposes new conditions, specifying that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully and that the specimens are included in the list until 12 August 2011 (section 303DC(2)). These changes aim to facilitate the continued export of these specimens until the specified date.
The obligations imposed by the Act on parties and entities governed by it include ensuring that any specimens exported meet the newly imposed conditions. This means that entities must verify that the specimens were taken lawfully and that they adhere to the date restriction of 12 August 2011. Compliance with these conditions is crucial to avoid any legal repercussions or trade disruptions. Additionally, entities must be aware of and adhere to the guidelines for the ecologically sustainable management of fisheries, which were considered in determining the inclusion of these specimens in the list. This underscores the importance of sustainable practices in the management and export of native specimens.
The legislation also outlines potential consequences for non-compliance. Although specific offences and penalties are not detailed in the provided text, it is reasonable to infer that breaches of the conditions could lead to legal action under the EPBC Act. The penalties for such breaches could include fines and other civil or criminal sanctions, as stipulated by the overarching provisions of the EPBC Act. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory guidelines. The Minister's consultation process, including consultation with the New South Wales Department of Primary Industries and the public advertisement on the Department's website, underscores the importance of transparency and stakeholder engagement in the amendment process.