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
(the 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 30 June 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 Fishery Management Strategy for the Ocean Trap and Line 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 in accordance with the restricted entry management regime in force under the New South Wales (NSW) Fisheries Management Act 1994;
- the specimens are included in the list until 11 November 2010;
- operation of the Ocean Trap and Line Fishery will be carried out in accordance with the management arrangements in force under the NSW Fisheries Management Act 1994;
- Industry & Investment NSW to advise the Department of the Environment, Water, Heritage and the Arts (DEWHA) of any proposed substantive changes to the Ocean Trap and Line Fishery management arrangements that may affect the assessment of the fishery against the criteria on which EPBC Act decisions are based; and
- no new permits to be issued in the Ocean Trap and Line Fishery that allow the targeting of large shark species until a precautionary level of take and associated management measures for those species can be demonstrated to and agreed by DEWHA.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 11 November 2010.
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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Environment Protection, Heritage and the Arts 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. The proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 24 days. All comments received were taken into account in the decision to include the fishery in the list of exempt native specimens.
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.
Unique Identifying Number: EPBC303DC/SFS/2010/36
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, heritage places, and biodiversity through a cooperative, efficient, and effective approach. This Act addresses the need for a comprehensive framework to manage environmental impacts, particularly those related to biodiversity conservation and the protection of threatened species and ecological communities. The 2010 amendment to the list of exempt native specimens under Section 303DC of the Act was introduced to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This amendment was aimed at ensuring that the management of fisheries, specifically the New South Wales Ocean Trap and Line Fishery, meets the criteria for ecological sustainability and allows for the continued export of certain fish and invertebrate specimens until 11 November 2010, subject to certain conditions. The policy objective of this amendment is to facilitate sustainable fishing practices while balancing the needs of industry and conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, as specified in F2010L02299, pertains to specimens derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This legislation is designed to exempt certain specimens from the trade control provisions applicable to regulated native specimens, thereby facilitating their export until a specified date. The application of this Act is confined to the Commonwealth jurisdiction and applies to entities involved in the New South Wales Ocean Trap and Line Fishery, including fishers and other stakeholders operating under the restricted entry management regime stipulated by the NSW Fisheries Management Act 1994. This instrument revokes prior conditions and imposes new ones, such as adherence to the existing fishery management arrangements and the prohibition of new permits targeting large shark species without agreed management measures. The instrument also mandates Industry & Investment NSW to inform the Department of the Environment, Water, Heritage and the Arts of any proposed changes to the fishery's management arrangements that may impact the ecological sustainability assessment.
Key Provisions
The legislative instrument under discussion modifies the List of Exempt Native Specimens pursuant to section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Specifically, it alters the conditions for specimens derived from fish or invertebrates in the New South Wales Ocean Trap and Line Fishery (sections 303DB, 303DC(3)). These specimens, excluding those from species listed under Part 13 of the EPBC Act, are now exempt from trade control provisions if they are taken lawfully according to the New South Wales Fisheries Management Act 1994, and if the fishery is managed in accordance with the relevant management arrangements. Furthermore, the specimens are exempt until 11 November 2010, subject to the management regime remaining in force and no new permits targeting large shark species being issued until precautionary measures are established and agreed upon by the Department of the Environment, Water, Heritage and the Arts (DEWHA). Industry & Investment NSW must also notify DEWHA of any proposed changes to the fishery's management arrangements.
The Act imposes several obligations on the parties involved. Firstly, it mandates that the specimens must be taken lawfully under the restricted entry management regime of the New South Wales Fisheries Management Act 1994. Secondly, it requires Industry & Investment NSW to inform DEWHA of any proposed changes to the management arrangements of the Ocean Trap and Line Fishery. Additionally, the fishery must operate in accordance with the existing management arrangements as stipulated under the NSW Fisheries Management Act 1994. Lastly, no new permits allowing the targeting of large shark species can be issued until precautionary measures have been demonstrated and agreed upon by DEWHA.
Breaching the conditions set out in the legislative instrument may result in civil and criminal penalties. While the specific penalties are not outlined in the text, the EPBC Act generally provides for substantial fines and potential imprisonment for violations related to the trade and management of native specimens. The exact penalties would depend on the nature and severity of the breach, as well as any other relevant laws or regulations that may apply.