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 listed under Part 13 of the EPBC Act, taken in the New South Wales Estuary Prawn Trawl Fishery
- 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 Northern Territory Demersal Fishery, as defined in the management regime in force under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulation 1993
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 27 November 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 27 November 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 and the Northern Territory Department of Primary Industry and Fisheries, as the New South Wales Department of Primary Industries and the Northern Territory Department of Primary Industry and Fisheries have management responsibilities for the respective 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 Amendment (Exempt Native Specimens) Instrument 2014 (F2014L01501) amends the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment was introduced to address the need to streamline the trade control provisions for certain specimens taken from specific fisheries in New South Wales and the Northern Territory, while ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. By revoking existing conditions and imposing new ones, the instrument seeks to allow continued export of these specimens until 27 November 2015. The policy objective underpinning this amendment is to facilitate lawful trade in native specimens, subject to the sustainability criteria set out in the fisheries management guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment (Explanatory Statement) modifies the List of Exempt Native Specimens in accordance with section 303DC of the Act. This amendment affects specimens that are or are derived from fish or invertebrates, excluding those listed under Part 13 of the EPBC Act, taken in the New South Wales Estuary Prawn Trawl Fishery and the Northern Territory Demersal Fishery. These specimens are exempt from trade control provisions applicable to regulated native specimens, allowing their continued export. The amendment revokes existing conditions and imposes new conditions, including that the specimens must have been taken lawfully and remain in the list until 27 November 2015. The change aims to ensure the ecological sustainability of the fisheries involved, guided by the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. The Minister for the Environment consulted with relevant authorities from New South Wales and the Northern Territory before making this amendment, reflecting the collaborative approach required under section 303DC(3) of the EPBC Act. This legislative instrument, registered under the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The key operative sections of this legislation (sections 303DB and 303DC) establish the framework for the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB provides for the creation of this list, exempting certain native specimens from the trade control provisions that apply to regulated native specimens. Section 303DC outlines the process for amending this list, including the requirement for the Minister for the Environment to consult with relevant stakeholders before making any amendments. The instrument amends the conditions for the inclusion of certain specimens in the list of exempt native specimens, specifically those taken in the New South Wales Estuary Prawn Trawl Fishery and the Northern Territory Demersal Fishery. The conditions now require that these specimens, or the fish or invertebrates from which they are derived, were taken lawfully and that they remain in the list until 27 November 2015.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred around the lawful taking and exportation of specimens from specified fisheries. Entities involved in the trade of these specimens must ensure that they comply with the conditions set out in the amended list, namely that the specimens were taken lawfully and that they remain exempt until the specified date. Additionally, the Minister for the Environment is required to consult with relevant stakeholders, such as the New South Wales Department of Primary Industries and the Northern Territory Department of Primary Industry and Fisheries, before making any amendments to the list of exempt native specimens.
Any breach of the conditions set out in this legislation could result in civil or criminal consequences, although specific penalties are not detailed in the explanatory statement. However, given the context of the EPBC Act, breaches could potentially lead to fines or other penalties as stipulated under the broader provisions of the Act. The Minister’s consultation requirement underscores the importance of collaborative governance and adherence to ecological sustainability criteria as established by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. These guidelines were considered in determining the inclusion of specimens in the list, ensuring that the management arrangements of the respective fisheries are ecologically sustainable.