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 25 July 2008 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 Estuary General Fishery, as defined in the Fishery Management Strategy for the Estuary General Fishery made under the New South Wales Fisheries Management Act 1994
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 31 January 2014.
The only effect of this amendment is to extend this date. 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 31 January 2014.
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 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.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment and biodiversity in Australia. This Act provides a framework for the management of environmental impacts, including the regulation of the trade of native specimens. One aspect of the EPBC Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. In accordance with Section 303DC, the Act was amended to revise the conditions for the inclusion of certain specimens in the list of exempt native specimens. The problem this amendment aimed to address was to ensure the continued export of lawfully taken fish or invertebrate specimens from the New South Wales Estuary General Fishery until 31 January 2014, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment was made after appropriate consultation with relevant authorities, including the New South Wales Department of Primary Industries. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The amendment to the Environment Protection and Biodiversity Conservation Act 1999, as represented by instrument F2013L01419, pertains to the regulation of native specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act. These specimens, specifically taken in the New South Wales Estuary General Fishery, are the subject of the revision, which modifies the conditions under which they are exempt from trade controls that apply to regulated native specimens. The amendment revokes the previous conditions imposed on 25 July 2008, and establishes new conditions, notably extending the exemption date until 31 January 2014, provided that the specimens were taken lawfully. This legislative change applies across the Commonwealth, ensuring consistent application of the environmental protections outlined in the EPBC Act. The amendment does not extend to specimens listed under Part 13 of the Act, nor does it affect any other specimens not derived from the specified fishery. The Minister for Sustainability, Environment, Water, Population and Communities, or their delegate, has the authority to make such amendments, following appropriate consultation with relevant state departments and other stakeholders, as evidenced by the consultation with the New South Wales Department of Primary Industries in this case.
Key Provisions
The main sections involved in this amendment are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC provides for the amendment of this list by the Minister for Sustainability, Environment, Water, Population and Communities. The amendment instrument, which revokes certain conditions and imposes new ones, is made pursuant to Section 303DC.
This amendment imposes specific conditions on the inclusion of certain specimens in the list of exempt native specimens. Firstly, the specimens, which are or are derived from fish or invertebrates, must have been taken lawfully. Secondly, these specimens are included in the list until 31 January 2014. The primary obligation for the parties involved is to ensure that the specimens meet these conditions. Specifically, entities involved in the trade or handling of these specimens must verify that they were taken lawfully and must be aware of the inclusion date until which the specimens are exempt.
Breach of the conditions set out in this amendment could result in various consequences. If the specimens were not taken lawfully, they would not meet the criteria for exemption and could be subject to the trade control provisions applicable to regulated native specimens. Additionally, any entity found to be in breach of the conditions may face penalties under the EPBC Act. While the specific penalties are not detailed in the explanatory statement, they could include fines, imprisonment, or both, depending on the severity and intent of the breach. The Act also provides for civil remedies and enforcement actions to address non-compliance.