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 item in the list of exempt native specimens on 25 July 2008 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 Ocean Hauling Fishery, as defined in the Fishery Management Strategy for the Ocean Hauling Fishery made under the New South Wales Fisheries Management Act 1994
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 31 January 2014.
The only effect of this amendment is to extend this date. 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 31 January 2014.
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 that department has management responsibilities for the fishery 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and conserve Australia's biodiversity and environmental heritage. This Act provides mechanisms for the protection of native species and ecosystems from harmful impacts of activities, including the regulation of trade in native specimens. The Act was introduced by the Commonwealth Parliament to ensure that Australia's environmental responsibilities are met under both national and international obligations. This legislative instrument amends the list of exempt native specimens under the Act, specifically revising the conditions for specimens taken in the New South Wales Ocean Hauling Fishery. The policy objective of this amendment is to facilitate the continued lawful export of these specimens while ensuring that the fishery's management practices align with ecologically sustainable principles as outlined in the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the regulatory framework governing the export of certain native specimens in Australia. Specifically, this amendment concerns specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, which are taken within the New South Wales Ocean Hauling Fishery. The changes involve revoking previous conditions that subjected these specimens to specific limitations and instead impose new conditions that extend their inclusion in the list of exempt native specimens until 31 January 2014, thereby facilitating their continued export. The legislation applies to entities involved in the fishing industry within the specified fishery in New South Wales and operates within the jurisdictional reach of the Commonwealth. The instrument is underpinned by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the fishery's management arrangements. The amendment also reflects the mandatory consultation process required by the EPBC Act, where the Minister for Sustainability, Environment, Water, Population and Communities engaged with relevant stakeholders, including the New South Wales Department of Primary Industries.
Key Provisions
The primary sections involved in this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are Section 303DB and Section 303DC. Section 303DB pertains to the establishment of a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. Section 303DC outlines the process for amending this list, requiring consultation with relevant ministers and possibly other stakeholders. This legislative instrument specifically revokes the previous conditions (which were set to expire on 31 January 2014) for the inclusion of certain fish and invertebrate specimens in the list of exempt native specimens and imposes new conditions, extending the exemption until a later date.
Under this amendment, the specimens in question must be derived from fish or invertebrates taken in the New South Wales Ocean Hauling Fishery, provided they were taken lawfully and do not belong to species listed under Part 13 of the EPBC Act. The primary obligation imposed by this legislation is that these specimens, or the fish or invertebrates from which they are derived, must be taken in accordance with the law. Additionally, the specimens remain exempt from trade controls only until 31 January 2014, as per the new conditions imposed by this instrument.
In terms of compliance, the Act imposes obligations on entities involved in the trade or handling of these specimens. They must ensure that the specimens meet the criteria of being lawfully taken and originating from the specified fishery. Failure to adhere to these conditions could result in the specimens being subject to the trade control provisions, which may affect their exportability.
The legislation does not explicitly state specific penalties or consequences for breaches of these provisions. However, under the EPBC Act, non-compliance with trade control provisions for regulated native specimens can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined by the courts based on the nature and circumstances of the offence.