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 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 covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery.
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 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. 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 25 business days. Industry and Investment New South Wales was also consulted. 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/2010/63
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. This Act was introduced to address the need for comprehensive environmental protection laws that could effectively manage and conserve Australia's unique biodiversity and ecosystems, including the regulation of trade in native specimens. The EPBC Act was enacted by the Parliament of Australia and its policy objective is to ensure the protection and sustainable use of Australia's environment and biodiversity.
This legislative instrument amends the list of exempt native specimens under the EPBC Act by revoking the conditions that were previously imposed on specimens derived from the New South Wales Ocean Trap and Line Fishery. The amendment aims to exempt these specimens from the trade control provisions applicable to regulated native specimens, provided they meet certain criteria, such as being taken lawfully and covered by a declaration of an approved Wildlife Trade Operation. The decision to amend the list was made after consulting with relevant stakeholders and considering the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, identified as F2010L03287, pertains to specimens derived from fish or invertebrates within the New South Wales Ocean Trap and Line Fishery, excluding those species listed under Part 13 of the EPBC Act. This legislation applies to entities and individuals involved in the trade of these specimens, ensuring that they are exempt from the trade control provisions that apply to regulated native specimens, provided certain conditions are met. The instrument stipulates that the specimens must be lawfully taken and be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. The geographical reach of this Act is confined to New South Wales, aligning with the jurisdictional boundaries of the New South Wales Fisheries Management Act 1994. The amendment to the list of exempt native specimens was subject to consultation with relevant ministers and stakeholders, as mandated by the EPBC Act, and feedback was incorporated into the final decision. This legislative instrument is in force as of the day following its registration on the Federal Register of Legislative Instruments, and it may be further refined or extended through subordinate instruments as necessary.
Key Provisions
The primary sections of this legislative instrument revolve around the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DB and 303DC). This instrument revokes certain conditions for specimens derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery, provided they are not species listed under Part 13 of the EPBC Act. Instead, it imposes new conditions that such specimens must be taken lawfully and be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act related to the fishery. This change is made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, ensuring that the ecological sustainability of the fishery is upheld.
Entities and parties governed by this Act now face specific obligations to ensure compliance with the newly imposed conditions. For instance, any specimens taken from the New South Wales Ocean Trap and Line Fishery must be documented as having been taken lawfully. Additionally, these specimens must be covered by a declaration from an approved Wildlife Trade Operation, as per section 303FN of the EPBC Act. This requirement ensures that the trade of these specimens adheres to the ecological sustainability guidelines set forth by the Australian Government, thereby safeguarding the management and conservation efforts of these fisheries.
Breaches of the provisions outlined in this Act can result in significant consequences. While the instrument does not explicitly detail specific offences or penalties within its text, violations of the EPBC Act generally can lead to both civil and criminal penalties. Civil penalties can include substantial fines, and in severe cases, criminal penalties may apply, leading to imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as governed by the broader provisions of the EPBC Act. Compliance with the new conditions is crucial to avoid these potential legal repercussions.