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 19 December 2013 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 New South Wales Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006 in force 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 26 September 2014.
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 26 September 2014. 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 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 the Environment’s website and comment was invited from interested people for a period of 23 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.
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 was enacted to amend the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999. This legislation was introduced to address the need for streamlined export processes for certain fishery products while ensuring compliance with ecological sustainability guidelines. The instrument revokes and imposes specific conditions on the inclusion of fish and invertebrate specimens from the New South Wales Ocean Hauling Fishery in the list of exempt native specimens, allowing for continued lawful export until 26 September 2014. The enacting body, the Delegate of the Minister for the Environment, consulted with relevant stakeholders and advertised the proposal on the Department of the Environment’s website, though no comments were received. The policy objective aligns with the Australian Government’s guidelines for ecologically sustainable management of fisheries, aiming to balance environmental protection with economic activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument amends the list of exempt native specimens under the EPBC Act by revoking the conditions associated with the inclusion of certain fish and invertebrate specimens taken in the New South Wales Ocean Hauling Fishery. This legislative instrument applies specifically to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the defined fishery area. The amendment aims to facilitate the continued export of these specimens until 26 September 2014, subject to the condition that they were taken lawfully. The change extends the date by which these specimens can be exported without the need for trade permits, thus impacting entities involved in the fishery and those engaged in the trade of these specimens. The instrument's scope is limited to Commonwealth jurisdiction, with specific consultation requirements outlined under Section 303DC of the EPBC Act, including consultation with the New South Wales Department of Primary Industries and public consultation via the Department of the Environment's website.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). This section allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Specifically, this legislative instrument revokes certain conditions that were previously imposed on specimens derived from fish or invertebrates taken in the New South Wales Ocean Hauling Fishery, and it imposes new conditions that these specimens must be taken lawfully and are included in the list until 26 September 2014.
The obligations and requirements imposed by this Act are primarily concerned with the lawful taking of specimens and their inclusion in the list of exempt native specimens. To comply with the Act, parties or entities involved in the handling, export, or trade of these specimens must ensure that the specimens were taken in accordance with the law. Furthermore, the specimens must be derived from the specified fishery and must be included in the list until the specified date. The Act also mandates consultation with relevant state departments, such as the New South Wales Department of Primary Industries, and requires public notice of the proposed amendments to be advertised on the Department of the Environment's website.
In terms of penalties and consequences for breach, the Act does not explicitly detail the specific offences or penalties for non-compliance with its provisions. However, general provisions within the EPBC Act and related legislation would likely apply, including potential civil and criminal penalties for breaches related to the illegal trade of native specimens. Such breaches could result in fines and imprisonment, depending on the severity and intent of the violation. The maximum penalties would align with those set out in the EPBC Act and other relevant environmental protection legislation.