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 14 September 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 14 September 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 responsibility for the fishery concerned.
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 was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This legislation was introduced to fill the gap by providing a framework for the protection of the environment and the conservation of Australia's unique biodiversity. The Act is administered by the Australian Parliament and its policy objective is to ensure the sustainable management of the nation's environmental resources. This particular amendment, introduced through legislative instrument F2012L00872, aims to revise the list of exempt native specimens by revoking existing conditions for specimens from the New South Wales Ocean Trawl Fishery and imposing new conditions to allow continued export until 14 September 2012. The amendment was made in consultation with relevant authorities, including the New South Wales Department of Primary Industries, to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets entities involved in the fishing industry, specifically those operating within the New South Wales Ocean Trawl Fishery. These entities are subject to the conditions set forth in this legislative instrument which governs the export of fish and invertebrate specimens derived from this fishery. The specimens, provided they are lawfully taken and belong to species not listed under Part 13 of the EPBC Act, are exempt from trade control provisions for regulated native specimens. This exemption applies until 14 September 2012, facilitating continued exportation during this period. The jurisdictional reach of this Act extends to the Commonwealth and the state of New South Wales, adhering to the criteria established in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This instrument is subject to consultation requirements as outlined in subsection 303DC(3) of the EPBC Act, which necessitates engagement with relevant ministers and departments, such as the New South Wales Department of Primary Industries in this case.
Key Provisions
The main operative sections of this legislation (sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) establish the criteria for including specimens in the list of exempt native specimens. Section 303DB allows for the creation of this list, while section 303DC provides the process for amending the list. Under this instrument, the conditions for the inclusion of specimens derived from fish or invertebrates in the New South Wales Ocean Trawl Fishery in the list of exempt native specimens are modified. The amendments revoke existing conditions and impose new conditions, such as the requirement that the specimens be taken lawfully (Section 303DC(3)).
The obligations and requirements imposed by this legislation on the parties it governs include ensuring that any specimens derived from the New South Wales Ocean Trawl Fishery and included in the list of exempt native specimens were taken lawfully. The new conditions also impose a time limit, specifying that these specimens remain on the exempt list until 14 September 2012. This ensures continued export of these specimens within the specified timeframe while maintaining compliance with the ecological sustainability guidelines. The Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant authorities, such as the New South Wales Department of Primary Industries, before making amendments to the list.
Breaches of the conditions set out in this legislation may result in civil or criminal penalties, depending on the nature and severity of the offence. While specific penalties are not detailed in the instrument, violations of the EPBC Act generally can lead to substantial fines and, in severe cases, imprisonment. The exact penalties would be determined based on the specific circumstances of the breach and the provisions of the EPBC Act. The legislative instrument ensures compliance with human rights and freedoms as recognised in international instruments, avoiding any conflict with recognised rights or freedoms.