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 on the list of exempt native specimens on 25 July 2009 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 on the list until 30 April 2010; and
- From 31 March 2010, no new permits to be issued in the OTLF 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 on the list of exempt native specimens will allow continued export of these specimens until 30 April 2010.
In determining to include the specimens on 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 on 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/2010/11
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address issues related to the protection of the environment and biodiversity, particularly in relation to the regulation of activities that have a significant impact on matters of national environmental significance. The Act provides a framework for the management of environmental impacts at a national level. This particular legislative instrument amends the list of exempt native specimens under the EPBC Act, focusing on specimens derived from fish and invertebrates taken in the New South Wales Ocean Trap and Line Fishery. The amendment revokes previous conditions and introduces new ones to ensure that the specimens remain exempt from trade controls while ensuring compliance with sustainable management practices as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative change aims to balance ecological sustainability with the practicalities of fisheries management and trade.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the specimens of fish and invertebrates taken in the New South Wales Ocean Trap and Line Fishery, excluding those that belong to species listed under Part 13 of the EPBC Act. The amendment exempts these specimens from the trade control provisions applicable to regulated native specimens, contingent on them being lawfully taken in accordance with the restricted entry management regime in force under the New South Wales Fisheries Management Act 1994, and that they are included on the list of exempt native specimens until 30 April 2010. From 31 March 2010, no new permits allowing the targeting of large shark species can be issued in the OTLF until precautionary levels of take and associated management measures for those species can be demonstrated and agreed upon by the Department of the Environment, Water, Heritage and the Arts (DEWHA). This legislative instrument applies to the Commonwealth and is intended to facilitate continued export of these specimens until 30 April 2010, while also taking into account the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The primary operative sections of this legislative instrument (F2010L00767) amend the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This change revokes the conditions previously attached to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trap and Line Fishery, effective from 25 July 2009. These specimens are now exempt from trade control provisions that apply to regulated native specimens. The instrument imposes new conditions for these specimens, including that they must be taken lawfully under the restricted entry management regime in force under the New South Wales Fisheries Management Act 1994, and they are listed until 30 April 2010. Additionally, from 31 March 2010, no new permits allowing the targeting of large shark species will be issued in the Ocean Trap and Line Fishery until a precautionary level of take and associated management measures for those species can be demonstrated to and agreed by the Department of the Environment, Water, Heritage and the Arts (DEWHA).
This Act imposes several obligations and requirements on the parties involved. Firstly, the specimens must be taken in accordance with the restricted entry management regime under the New South Wales Fisheries Management Act 1994. This ensures that fishing activities adhere to specific regulatory standards and are lawful. Secondly, the specimens are included on the list until 30 April 2010, providing a clear timeframe for continued exemption. Thirdly, from 31 March 2010, any targeting of large shark species in the OTLF must await the demonstration and agreement of precautionary levels of take and associated management measures by DEWHA, ensuring sustainable and ecologically responsible fishing practices. These conditions aim to balance the need for continued trade with the conservation of native species and sustainable fisheries management.
Breaches of the provisions set forth in this legislative instrument can lead to both civil and criminal consequences. While the specific offences are not detailed in the explanatory statement, under the EPBC Act, unauthorised trade in native specimens can result in significant penalties. Civil penalties for breaches may include fines, with the maximum penalty for corporations typically being up to $210,000, and individuals facing fines of up to $21,000. Criminal offences may result in imprisonment, with the exact penalties depending on the nature and severity of the breach. These potential consequences serve as a deterrent against non-compliance and underscore the importance of adhering to the legislative requirements for the sustainable management of fisheries and the protection of native species.