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 include the following specimens in the list of exempt native specimens:
- 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 Lobster Fishery, as defined in the management regime made under the Fisheries Management (Lobster Share Management Plan) Regulation 2000 and the Fisheries Management (General) Regulation 2010 in force under the Fisheries Management Act 1994,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- the specimens are included in the list until 30 March 2017.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 30 March 2017.
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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the New South Wales Department of Primary Industries as the New South Wales Department of Primary Industries has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 22 business days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
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, ensuring that significant impacts on the environment are managed effectively. As part of its provisions, the Act includes mechanisms for regulating the trade of native specimens to prevent overexploitation and maintain ecological balance. This legislative instrument amends the list of exempt native specimens under Section 303DC of the EPBC Act, allowing for the inclusion of certain specimens derived from fish or invertebrates taken within the New South Wales Lobster Fishery. The inclusion of these specimens is subject to specific conditions, including lawful taking and a time-bound exemption until 30 March 2017, facilitating continued export while adhering to ecological sustainability criteria as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list was made in consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and was advertised for public comment, though no comments were received.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the regulation of trade for certain native specimens in Australia. Specifically, this legislation modifies the list of exempt native specimens, which are those that are exempt from the trade control provisions applicable to regulated native specimens. The amendment includes specimens derived from fish or invertebrates taken in the New South Wales Lobster Fishery, excluding those from species listed under Part 13 of the EPBC Act. This inclusion is conditional upon the specimens being taken lawfully and remains effective until 30 March 2017. The Act applies to entities and individuals involved in the fishing and trade of these specimens within Australia, ensuring compliance with both national environmental protection standards and the ecological sustainability guidelines set by the Australian Government. The legislation's reach is national, administered under the Commonwealth jurisdiction, and it interacts with state regulations, particularly those governing fisheries in New South Wales. This amendment does not affect any rights or freedoms and is compliant with international human rights standards.
Key Provisions
The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens in accordance with Section 303DC (Section 303DB) provide for the inclusion of certain fish and invertebrate specimens taken in the New South Wales Lobster Fishery into the list of exempt native specimens. This inclusion exempts these specimens from the trade control provisions that apply to regulated native specimens. Specifically, Section 303DC(3) of the EPBC Act mandates that the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and State Ministers before amending the list of exempt native specimens. In this case, the Delegate of the Minister consulted with the New South Wales Department of Primary Industries due to their management responsibilities over the fishery.
The inclusion of these specimens in the list of exempt native specimens imposes certain obligations on the parties involved. First, it mandates that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully. This ensures that the specimens included in the list meet legal standards and do not result from unlawful activities. Second, the specimens are included in the list until 30 March 2017, after which they will no longer be exempt from the trade control provisions. This temporary exemption allows for continued export of these specimens until the specified date.
The Act also outlines specific offences, penalties, and consequences for breaches. While the legislative instrument itself does not detail specific penalties, breaches of the EPBC Act generally may result in civil or criminal penalties. Civil penalties can include fines and other monetary penalties, while criminal penalties can include fines, imprisonment, or both, depending on the severity of the breach. The Act also allows for the imposition of administrative penalties by authorised officers, which may include fines for non-compliance with the Act's provisions.
In summary, the legislative instrument amends the EPBC Act by including certain fish and invertebrate specimens from the New South Wales Lobster Fishery in the list of exempt native specimens. This amendment imposes specific conditions and obligations on the parties involved and allows for continued export of these specimens until 30 March 2017. Any breaches of the Act may result in civil or criminal penalties, ensuring compliance with the Act's provisions and the protection of native species and biodiversity.