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 items in the list of exempt native specimens on 19 December 2013 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 New South Wales Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in force under the New South Wales Fisheries Management Act 1994
- 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 Ocean Hauling Fishery as defined in the New South Wales Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006 in force 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 25 September 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 25 September 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 NSW 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.
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 provide for the protection of the environment, particularly the biodiversity, and to establish a framework for the management of activities that have a significant impact on the environment. This legislation aims to address the problem of regulating and controlling activities that may harm Australia's native species and ecosystems. The EPBC Act is administered by the Australian Parliament, and one of its policy objectives is to promote the ecologically sustainable use and development of natural resources. The explanatory statement relates to an amendment made to the List of Exempt Native Specimens under the EPBC Act, revoking certain conditions and imposing new ones for specimens taken in the New South Wales Estuary General Fishery and the New South Wales Ocean Hauling Fishery. This amendment allows for the continued export of these specimens until 25 September 2015, while ensuring that they were taken lawfully and are not from species listed under Part 13 of the EPBC Act. The amendment was made in consultation with relevant authorities, including the New South Wales Department of Primary Industries, and in accordance with the Australian Government’s Guidelines for the 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 pertains to fish and invertebrate specimens derived from specified fisheries in New South Wales, exempting them from trade control provisions that apply to regulated native specimens. This amendment applies to entities and persons involved in the lawful capture and export of these specimens, specifically those taken in the New South Wales Estuary General Fishery and the New South Wales Ocean Hauling Fishery, as defined in relevant regulations under the New South Wales Fisheries Management Act 1994. The exemption is contingent upon these specimens being taken lawfully and remains in effect until 25 September 2015. The decision to amend the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the relevant fishery’s management arrangements. This legislative instrument has a jurisdictional reach limited to the Commonwealth, and its application is confined to the specified fisheries within New South Wales, excluding specimens belonging to species listed under Part 13 of the EPBC Act. The Minister for the Environment consulted with the New South Wales Department of Primary Industries in accordance with the legislative requirements, ensuring appropriate stakeholders were considered in the amendment process.
Key Provisions
The key provisions of this legislation revolve around the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, sections 303DB and 303DC of the Act are referenced, with section 303DC detailing the process for amending the list of exempt specimens. The amendment seeks to revoke the conditions that previously applied to the inclusion of certain fish and invertebrate specimens taken in the New South Wales Estuary General Fishery and the New South Wales Ocean Hauling Fishery on the list of exempt native specimens. These specimens, unless they belong to species listed under Part 13 of the EPBC Act, were exempt from the trade control provisions applicable to regulated native specimens. The conditions previously imposed required the specimens to be taken lawfully and were set to expire on 25 September 2015.
The Act imposes specific obligations on parties dealing with these specimens. The specimens must be taken lawfully, meaning they must adhere to all relevant fisheries laws and regulations. Additionally, the Minister for the Environment, through their delegate, is required to consult with appropriate authorities, including the New South Wales Department of Primary Industries, before making amendments to the list of exempt native specimens. This consultation ensures that the amendments align with ecological sustainability guidelines and fishery management practices.
Any breaches of the provisions under the EPBC Act can lead to various civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of the Act generally can result in fines and other penalties as stipulated under the Act. The maximum penalties can vary depending on the nature and severity of the breach, but they often include substantial financial penalties. It is important for entities and individuals to comply with the requirements to avoid these potential consequences.