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 include the following specimens in the list of exempt native specimens:
- 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.
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;
and
- The specimens are included on the list until 27 November 2009.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 27 November 2009.
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 the Environment, 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. In this instance, the Minister for Environment, Heritage and the Arts consulted with the NSW Minister for Primary Industries and the Department of Primary Industries as the Minister and Department have management responsibilities for the fishery concerned. In addition, 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/2009/25
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive regulatory framework that encompasses the protection of biodiversity, ecological processes, and heritage values. The EPBC Act was enacted by the Australian Parliament to establish a unified national system for the protection of the environment and to ensure that the federal government has the capacity to intervene in cases where there is a significant impact on matters of national environmental significance. The policy objective of the Act is to facilitate the ecologically sustainable development of the nation by protecting and enhancing the environment, heritage, and biodiversity.
This particular amendment to the EPBC Act, specifically concerning the list of exempt native specimens, was introduced to allow for the continued export of certain specimens derived from fish or invertebrates in the New South Wales Ocean Trap and Line Fishery, provided they are taken lawfully and are not species listed under Part 13 of the EPBC Act. This amendment was made in accordance with Section 303DC of the EPBC Act, which allows for the inclusion of certain specimens on the list of exempt native specimens. The decision to include these specimens was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, and involved consultation with relevant ministers and stakeholders, as well as public comment. This legislative instrument ensures that the trade of these specified specimens remains compliant with environmental protection laws while allowing for continued economic activities in the fishery sector.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens applies to certain 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 legislative instrument, which is subject to consultation with relevant Commonwealth and state ministers as well as public comment, is designed to ensure continued export of these specimens until 27 November 2009. The inclusion of these specimens on the list of exempt native specimens is contingent upon their lawful acquisition and remains in effect until the specified date, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument, once registered on the Federal Register of Legislative Instruments, commenced on the subsequent day, thereby formalising the exemption process within the jurisdictional framework of the EPBC Act.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) outlines the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. Under this provision, the legislative instrument amends the list to include certain specimens taken in the New South Wales Ocean Trap and Line Fishery. Specifically, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, are now included in the list of exempt native specimens. This inclusion is conditional on the specimens being taken lawfully and will remain in effect until 27 November 2009.
The obligations imposed by the Act on the parties or entities it governs are primarily centred around compliance with the trade control provisions and the lawful taking of specimens. Parties involved in the New South Wales Ocean Trap and Line Fishery must ensure that the specimens they handle are not from species listed under Part 13 of the EPBC Act. Furthermore, they must maintain documentation proving that the specimens were taken lawfully. The Minister for Environment, Heritage and the Arts has also engaged in consultation with relevant stakeholders, including the NSW Minister for Primary Industries and the Department of Primary Industries, to ensure that the fishery management practices align with the ecological sustainability criteria set forth in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
The legislation outlines potential consequences for breaches of its provisions. Although specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally may lead to both civil and criminal penalties. For example, under the Act, individuals or entities found to be in violation of trade control provisions could face fines up to a substantial amount, reflecting the severity of the ecological and legal implications of non-compliance. Additionally, persistent or egregious breaches could result in more severe penalties, including imprisonment, depending on the nature and impact of the violation. The inclusion of the specimens on the list of exempt native specimens is subject to strict conditions, and any failure to adhere to these conditions could also result in legal repercussions.