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 27 February 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 Trawl Fishery, as defined in the Fishery Management Strategy for the Ocean Trawl 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; and
- the specimens are included in the list until 19 April 2012.
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 19 April 2012.
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 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. In this instance, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with the New South Wales Department of Primary Industries as the department has management responsibilities for the fishery concerned. In addition, 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 24 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.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia's biodiversity and heritage, ensuring sustainable development practices. This legislation provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The Act was introduced to fill the gap in existing legislation by offering a unified approach to environmental protection and biodiversity conservation across Australia, addressing issues such as habitat destruction, species extinction, and environmental degradation. The Parliament of Australia enacted this Act to establish a robust framework for environmental protection, ensuring compliance with international obligations and promoting sustainable practices.
This legislative instrument amends the list of exempt native specimens in accordance with Section 303DC of the EPBC Act. It revokes the conditions subject to the inclusion of certain fish and invertebrate specimens from the New South Wales Ocean Trawl Fishery in the list of exempt native specimens and imposes new conditions. These changes are intended to facilitate the continued export of these specimens until 19 April 2012. The decision to amend the list was made in consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and after considering public comments. This legislative instrument does not engage any of the applicable rights or freedoms and is compatible with human rights and freedoms as recognised in international instruments.
Scope and Application
The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by modifying the list of exempt native specimens to facilitate continued export of certain fish and invertebrate specimens derived from the New South Wales Ocean Trawl Fishery until 19 April 2012. Specifically, the instrument removes the conditions that previously applied to these specimens, such as the requirement that they be taken lawfully, and instead imposes new conditions that they must remain in the list of exempt specimens until the specified date. This change applies to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. The instrument's scope is geographically confined to the New South Wales Ocean Trawl Fishery, as defined under the New South Wales Fisheries Management Act 1994, and its application is regulated by the Commonwealth. The decision to amend the list involved consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and public consultation as per the EPBC Act's requirements.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment (F2012L00338) relate to the modification of the list of exempt native specimens, specifically under Section 303DB. This legislative instrument revokes the conditions previously imposed on specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trawl Fishery. Instead, it imposes new conditions: the specimens must be taken lawfully, and they are included in the list until 19 April 2012. This change aims to facilitate the continued export of these specimens until the specified date.
The obligations and requirements imposed by this Act on the parties involved are primarily centred on the lawful acquisition and management of specimens. The specimens must be derived from fish or invertebrates taken lawfully within the New South Wales Ocean Trawl Fishery. This ensures that the trade and export of these specimens comply with both local and federal regulations. The inclusion of these specimens in the list of exempt native specimens until 19 April 2012 is also a key requirement, providing a clear timeframe for the legal trade of these specimens.
The Act includes provisions for potential breaches and associated penalties, though specific penalties are not detailed in the legislative instrument. Generally, under the EPBC Act, breaches of trade control provisions can result in both civil and criminal penalties. Civil penalties can include substantial fines, often proportional to the severity of the breach. Criminal penalties might involve imprisonment, reflecting the seriousness of the offence and the potential environmental impact of the illegal trade. The exact penalties depend on the specific nature of the breach and the discretion of the courts. It is essential for parties involved in the trade of these specimens to adhere strictly to the conditions and timeframes set out by the Act to avoid legal repercussions.