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 10 November 2010 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 Trap and Line Fishery, as defined in the New South Wales Fisheries Management (Ocean Trap and Line Share Management) 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 8 May 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 8 May 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 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 Department of Primary Industries has management responsibility 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 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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 address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act provides a framework for the protection of the environment, including the regulation of the trade of native specimens. In 2014, an amendment to the list of exempt native specimens under section 303DB was introduced, revoking previous conditions for specimens taken in the New South Wales Ocean Trap and Line Fishery. This change aimed to allow continued export of these specimens until 8 May 2014, while ensuring that the specimens were taken lawfully. The amendment process involved consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and public consultation through the Department of the Environment’s website. This legislative instrument was designed to align with the Australian Government’s guidelines for the ecologically sustainable management of fisheries, reflecting a commitment to managing fisheries in an environmentally responsible manner.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as represented by the legislative instrument F2014L00222, applies to specimens that are or are derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery, provided they are not from species listed under Part 13 of the EPBC Act. The amendment removes previous conditions that were subject to the inclusion of these specimens in the list of exempt native specimens, allowing continued export of these specimens until 8 May 2014. This change is applicable within the Commonwealth jurisdiction and involves consultation with relevant state authorities, including the New South Wales Department of Primary Industries, as well as public consultation via the Department of the Environment's website. The decision to include these specimens in the list was made in accordance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the fishery's management arrangements was considered.
Key Provisions
The main operative sections of this legislation, specifically Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish a list of exempt native specimens. Under this list, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trap and Line Fishery, are exempt from the trade control provisions that apply to regulated native specimens. This means that these specimens can be exported without the need for specific trade permits. The legislation also details conditions under which these specimens can be included in the list of exempt native specimens, such as the requirement that the specimens or the fish or invertebrate from which they are derived must have been taken lawfully. Furthermore, the specimens are included in the list until 8 May 2014, providing a specific timeframe for their exemption status.
The obligations and requirements imposed by this Act are primarily aimed at ensuring that the specimens included in the list of exempt native specimens meet certain criteria. Firstly, the specimens must originate from a lawful catch, meaning they must have been taken in compliance with the relevant fisheries regulations. Secondly, the specimens must come from the New South Wales Ocean Trap and Line Fishery as defined in the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006. Additionally, the Act requires the Minister for the Environment to consult with relevant stakeholders, including other Commonwealth ministers and ministers of each state and self-governing territory, before amending the list of exempt native specimens. This consultation ensures that the decision-making process is inclusive and considers the perspectives of those directly involved in the management and regulation of the fishery.
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to infer that any failure to comply with the conditions under which specimens are included in the list of exempt native specimens could potentially lead to legal repercussions. For example, if specimens were exported without meeting the lawful catch requirement or if the export occurred beyond the specified timeframe, it could result in legal action under the EPBC Act. Although specific penalties are not detailed in this particular instrument, breaches of the EPBC Act can generally lead to civil and criminal penalties, including fines and imprisonment, depending on the severity and intent of the breach.