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
- 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 Victorian Rock Lobster Fishery, as defined in the Victorian Rock Lobster Fishery Management Plan 2009 made under the Victorian Fisheries Act 1995 and Fisheries Regulations 2009
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 24 June 2016.
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 June 2016. 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 and Fisheries Victoria, as the NSW Department of Primary Industries and Fisheries Victoria have 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 problem of protecting Australia's biodiversity and managing the environmental impacts of development projects. This Act provides a framework for the conservation and protection of native species and their habitats. The Act was introduced by the Australian Parliament to ensure the sustainable use of natural resources and to protect ecosystems from harmful human activities. The policy objective of this legislative instrument, which amends the List of Exempt Native Specimens, is to facilitate the continued export of certain fish and invertebrate specimens derived from specified fisheries in New South Wales and Victoria until 24 June 2016, while ensuring that these activities are conducted in an ecologically sustainable manner. The instrument revokes certain conditions and imposes new ones on the inclusion of these specimens in the list of exempt native specimens, aligning 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, specified in F2015L01490, pertains to the modification of the List of Exempt Native Specimens as per Section 303DC of the EPBC Act. This legislative instrument targets specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken from designated fisheries in New South Wales and Victoria. These fisheries include the New South Wales Estuary General Fishery, New South Wales Ocean Hauling Fishery, and the Victorian Rock Lobster Fishery. The amendment revokes existing conditions for these specimens, allowing their continued export until 24 June 2016, with the stipulation that they must have been lawfully taken and that their inclusion in the list remains valid until the specified date. The amendment reflects adherence to the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’, which provides criteria for assessing the ecological sustainability of relevant fishery management arrangements. This legislative instrument operates under the Commonwealth jurisdiction and is subject to consultation requirements stipulated in Subsection 303DC(3) of the EPBC Act, ensuring collaboration with relevant state authorities and other stakeholders.
Key Provisions
The primary sections of the instrument (Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) provide for the establishment and amendment of a list of exempt native specimens. Section 303DB establishes the list, while Section 303DC outlines the process for amending this list. The instrument amends the list by revoking the conditions under which certain specimens are included and imposing new conditions, specifically for specimens taken from certain fisheries in New South Wales and Victoria. These specimens, which are or are derived from fish or invertebrates, are exempt from the trade control provisions for regulated native specimens, provided they are taken lawfully and are included in the list until 24 June 2016.
The obligations imposed by the Act on the parties or entities it governs are primarily concerned with ensuring that the specimens included in the list of exempt native specimens are taken lawfully. This means that anyone involved in the collection, trade, or export of these specimens must adhere to the legal requirements governing their capture and handling. Furthermore, the Act imposes a temporal condition on the inclusion of these specimens in the list, stipulating that they remain exempt until 24 June 2016. Compliance with these conditions is essential for the continued legality of the export of these specimens.
The instrument also outlines potential consequences for non-compliance with the Act's provisions. Although the explanatory statement does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach, it is reasonable to infer that any violations of the Act’s requirements could lead to legal action. Such actions may include fines, penalties, or other sanctions as prescribed by the EPBC Act or other relevant legislation. The severity of these penalties would depend on the nature and extent of the breach, but they could potentially include substantial fines and, in more serious cases, imprisonment. The exact penalties would be determined in accordance with the prevailing legal framework and the discretion of the courts or regulatory authorities involved.