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 (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 included in the list until 6 March 2014.
Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until 6 March 2014.
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 fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment 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 Delegate of the Minister for the Environment consulted with the New South Wales Department of Primary Industries, as the Department of Primary Industries has management responsibility for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website and comment was invited from interested people for a period of 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a cornerstone of Australia’s environmental protection framework, enacted to safeguard the nation's biodiversity and manage environmental impacts. This Act was introduced to address the pressing need for a comprehensive legislative approach to protect and conserve Australia's unique flora, fauna, and ecosystems. The EPBC Act provides for the establishment of a list of exempt native specimens, which allows certain species to be exempt from the trade control provisions that apply to regulated native specimens. The Australian Government, through the Minister for the Environment, has the authority to amend this list, subject to consultation with relevant state and territory ministers and consideration of public comments, as demonstrated by the legislative instrument F2013L01901. This particular amendment aims to continue the export of certain fish and invertebrate specimens derived from the New South Wales Ocean Trap and Line Fishery until 6 March 2014, while ensuring these activities are conducted in compliance with both state and federal regulations, and in accordance with guidelines for ecologically sustainable management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance. This Act primarily governs the Commonwealth, but its application extends to state and territory jurisdictions where it intersects with nationally significant environmental matters. The Act applies to persons, entities, industries, and specific conduct or transactions that may impact these environmental aspects. In this instance, the Act specifically addresses the listing and de-listing of native specimens that are exempt from trade controls, with a focus on fish and invertebrates derived from the New South Wales Ocean Trap and Line Fishery. The instrument amends the list of exempt native specimens to revoke existing conditions and impose new ones, allowing continued export of these specimens until 6 March 2014, provided they were taken lawfully. The changes are implemented through legislative instruments under the EPBC Act and involve consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and public consultation as mandated by the Act.
Key Provisions
The primary operative sections of this legislation, specifically Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), focus on amending the List of Exempt Native Specimens. The Act allows for the inclusion of certain specimens in this list, thereby exempting them from trade control provisions applicable to regulated native specimens. In this case, the amendment 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 change aims to facilitate continued export of these specimens until 6 March 2014.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with ensuring compliance with the amended list. Specifically, the specimens must be taken lawfully, as per the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006, which is enforced under the New South Wales Fisheries Management Act 1994. This means that the fishery management must adhere to the legal frameworks governing the taking of fish and invertebrate specimens. Additionally, the Minister for the Environment is required to consult with relevant ministers and stakeholders, such as the New South Wales Department of Primary Industries, and to advertise the proposal on the Department of the Environment's website, inviting comments from interested parties.
The Act also outlines the potential consequences of non-compliance. While specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act could lead to civil or criminal penalties. For instance, unauthorised trade in regulated specimens can result in fines and imprisonment, with penalties varying depending on the severity of the breach. The Act's overarching aim is to ensure the ecological sustainability of the fishery by aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. Any actions that contravene these guidelines or the provisions of the EPBC Act could therefore result in significant legal repercussions.