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 31 March 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 on the list until 30 June 2010; and
- From 30 April 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 June 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/2010/25
Overview
The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2010L01099, addresses the need to manage and regulate the trade of native specimens, particularly those derived from fisheries, in a manner that aligns with ecological sustainability. This amendment, specifically targeting the list of exempt native specimens, was introduced to ensure that certain fish and invertebrate specimens taken within the New South Wales Ocean Trap and Line Fishery could continue to be exported until 30 June 2010, subject to certain conditions. The policy objective was to allow for the continued export of these specimens while ensuring that the fisheries management arrangements comply with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Environment Protection, Heritage and the Arts undertook consultations with relevant stakeholders and advertised the proposal on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, ensuring transparency and public participation in the decision-making process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens under Section 303DC, pertains specifically to specimens derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery, as outlined in the Fishery Management Strategy for the Ocean Trap and Line Fishery under the New South Wales Fisheries Management Act 1994. This legislative instrument excludes specimens that belong to species listed under Part 13 of the EPBC Act. The primary aim is to exempt these specified specimens from the trade control provisions applicable to regulated native specimens, thereby facilitating their export until 30 June 2010. The amendment imposes certain conditions, such as the requirement that the specimens or the fish or invertebrates from which they are derived must have been taken lawfully under the restricted entry management regime as per the New South Wales Fisheries Management Act 1994. Furthermore, from 30 April 2010, no new permits allowing the targeting of large shark species will be issued until precautionary levels of take and associated management measures are demonstrated and agreed upon by the Department of the Environment, Water, Heritage and the Arts (DEWHA).
Key Provisions
The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment, as referenced in Section 303DC, involve the modification of the list of exempt native specimens. Specifically, this amendment pertains to the specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, taken within the New South Wales Ocean Trap and Line Fishery. These specimens are exempt from trade control provisions that apply to regulated native specimens. The amendment removes existing conditions that were subject to the inclusion of these specimens in the list of exempt native specimens, effective from 31 March 2010, and imposes new conditions. These new conditions include the requirement that the specimens must have been taken lawfully under the restricted entry management regime of the New South Wales Fisheries Management Act 1994, and that they remain on the list until 30 June 2010. Furthermore, from 30 April 2010, no new permits will be issued for the targeting of large shark species until a precautionary level of take and associated management measures for those species are demonstrated and agreed upon by the Department of the Environment, Water, Heritage and the Arts (DEWHA).
This legislation imposes several obligations on the parties involved. The specimens must be derived from fish or invertebrates taken in accordance with the lawful conditions of the restricted entry management regime under the New South Wales Fisheries Management Act 1994. It is also mandated that no new permits allowing the targeting of large shark species be issued until certain conditions are met. Additionally, stakeholders are required to adhere to the guidelines set forth by the Australian Government for the ecologically sustainable management of fisheries. Compliance with these guidelines is essential in assessing the sustainability of the fisheries management arrangements.
The Act stipulates potential offences, penalties, and consequences for non-compliance. While specific penalties are not detailed within the text, the Act implies that failure to comply with the conditions regarding the lawful taking of specimens and adherence to the restricted entry management regime could result in legal repercussions. Non-compliance with the guidelines for ecologically sustainable management could also lead to enforcement actions. Given the nature of the offences, penalties could include fines, legal action, and potential revocation of permits or licenses. The severity of the penalties may depend on the extent and impact of the non-compliance, as well as any additional provisions outlined in the broader legislative framework.