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 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 to 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 23 June 2017.
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 23 June 2017. 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 NSW Department of Primary Industries, as the NSW Department of Primary Industries has management responsibilities for the fisheries 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 address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment and biodiversity, including the establishment of a list of exempt native specimens that are exempt from the trade control provisions applicable to regulated native specimens. In accordance with Section 303DC of the EPBC Act, this legislative instrument amends the list of exempt native specimens, specifically revoking conditions for certain specimens derived from fish or invertebrates taken in defined fisheries in New South Wales and imposing new conditions to allow continued export of these specimens until 23 June 2017. The instrument was developed following consultation with relevant stakeholders, including the NSW Department of Primary Industries, and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies specifically to specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the EPBC Act. These specimens must have been taken in the New South Wales Estuary General Fishery or the New South Wales Ocean Hauling Fishery as defined under specific New South Wales fisheries regulations. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens, allowing their continued export until 23 June 2017. The changes are contingent on the specimens being taken lawfully and are subject to consultation with relevant authorities, such as the NSW Department of Primary Industries, as mandated by the EPBC Act. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments and does not raise any human rights issues.
Key Provisions
The main operative sections of this legislation are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list, and the current legislative instrument amends the list by revoking certain conditions and imposing new ones. Specifically, the instrument revokes the conditions that the inclusion of certain fish and invertebrate specimens in the list of exempt native specimens is subject to, provided these specimens are taken in the New South Wales Estuary General Fishery or the New South Wales Ocean Hauling Fishery, and are not listed under Part 13 of the EPBC Act. Instead, the instrument imposes new conditions: that the specimens were taken lawfully and that they remain in the list until 23 June 2017. This change extends the date for continued export of these specimens.
The obligations and requirements imposed by this Act on the parties and entities it governs primarily involve ensuring that any specimens derived from fish or invertebrates and intended for export are taken lawfully. This means that they must comply with all relevant fishing regulations and management plans in New South Wales, as set out in the New South Wales Fisheries Management (Estuary General Share Management Plan) Regulation 2006 and the New South Wales Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006. The Act also requires that these specimens remain included in the list of exempt native specimens until 23 June 2017. Failure to comply with these conditions could result in the specimens being subject to the trade control provisions of the EPBC Act.
The Act also outlines specific offences and penalties for non-compliance. While the Act itself does not explicitly state penalties, it is connected to the broader framework of the EPBC Act, where breaches of trade control provisions can lead to substantial penalties. For instance, under the EPBC Act, individuals and corporations can face fines of up to $330,000 and imprisonment for up to two years for illegal trade of native specimens. The penalties are intended to enforce compliance and protect biodiversity by ensuring that only lawfully taken specimens are traded. Given that this instrument removes certain conditions to facilitate lawful trade until a specified date, failure to adhere to these conditions could result in similar penalties if the specimens were subsequently found to be in violation of the EPBC Act.