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 are 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 of species listed under Part 13 of the Act, taken in the Victorian Giant Crab 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 Victorian Scallop Fishery
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 5 August 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 5 August 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 New South Wales Department of Primary Industries and the Victorian Department of Economic Development, Jobs, Transport and Resources, as the New South Wales Department of Primary Industries and the Victorian Department of Economic Development, Jobs, Transport and Resources 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 provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation addresses the need to manage and conserve Australia's biodiversity and ecosystems while balancing economic activities. The Act allows for the establishment and maintenance of a list of exempt native specimens to streamline trade controls and facilitate lawful trade. The legislative instrument F2015L01843 amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act, revoking previous conditions and imposing new ones to allow continued export of certain fishery specimens until 5 August 2016. The amendment was made after appropriate consultations with relevant state departments 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 to the List of Exempt Native Specimens, as detailed in F2015L01843, pertains to specific specimens derived from fish or invertebrates taken from certain fisheries in New South Wales and Victoria. These specimens are exempt from the trade control provisions that apply to regulated native specimens. The amendment revokes existing conditions and imposes new conditions, allowing continued export of these specimens until 5 August 2016, provided the specimens were taken lawfully. This amendment applies to entities and individuals involved in the New South Wales Estuary Prawn Trawl Fishery, the Victorian Giant Crab Fishery, and the Victorian Scallop Fishery. The geographic scope of the Act is national, as it falls under the Commonwealth's jurisdiction. Before making the amendment, the Minister for the Environment consulted with relevant state departments, adhering to the requirement under subsection 303DC(3) of the EPBC Act. The instrument, registered on the Federal Register of Legislative Instruments, commenced on the day following its registration.
Key Provisions
The main operative sections of this legislation (Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999) pertain to the management of a list of exempt native specimens. Section 303DB establishes the list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. Section 303DC outlines the process for amending this list, requiring the Minister for the Environment to consult relevant ministers and authorities before making any amendments. This instrument specifically revokes conditions previously placed on the inclusion of certain fish and invertebrate specimens taken from specific fisheries in the list of exempt native specimens and imposes new conditions that these specimens must be taken lawfully and that they remain on the list until 5 August 2016.
The obligations and requirements imposed by this Act primarily concern the lawful taking of specimens and the management of the list of exempt native specimens. The Act mandates that any specimens included in the list must be taken in accordance with applicable laws, ensuring that the specimens are sourced legally. Additionally, it stipulates that the specimens will remain on the list until 5 August 2016, providing a clear timeframe for their continued exemption from trade controls. The Minister for the Environment is also required to consult with relevant state and territory authorities before making any amendments to the list, ensuring that the decision-making process is inclusive and informed.
Failure to comply with the provisions of this Act may result in various consequences. While the Act does not explicitly outline specific offences or penalties for breaches, any unlawful taking of specimens or non-compliance with the conditions of the list could potentially lead to legal action under other related legislation, such as the Environment Protection and Biodiversity Conservation Act 1999. Such breaches could result in civil or criminal penalties, including fines or imprisonment, depending on the severity of the violation and the specific provisions of other applicable laws. The exact penalties would be determined in accordance with the relevant legal frameworks governing environmental protection and biodiversity conservation in Australia.