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 29 March 2013.
The only effect of this amendment is to extend this date. 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 29 March 2013.
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 New South Wales Department of Primary Industries 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 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly in relation to biodiversity conservation. This legislation, established by the Parliament of Australia, aims to ensure the sustainable use and conservation of the nation's natural resources. The Act facilitates the management of activities that may impact the environment, including the regulation of trade in native specimens to prevent ecological harm. This legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act by revoking and imposing new conditions on the exemption of certain fish and invertebrate specimens taken in the New South Wales Ocean Trawl Fishery. The policy objective is to allow continued export of these specimens until 29 March 2013, while ensuring that their management aligns with the Australian Government's guidelines for ecologically sustainable fisheries management. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders, including the New South Wales Department of Primary Industries, before making the amendment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in instrument F2012L01867, amends the conditions under which certain fish and invertebrate specimens taken in the New South Wales Ocean Trawl Fishery are exempt from trade control provisions. This amendment applies to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, and it extends the exemption date until 29 March 2013. The exemption conditions stipulate that the specimens must have been taken lawfully and remain in the list until the specified date. The instrument's scope is limited to the Commonwealth jurisdiction, specifically affecting the New South Wales Ocean Trawl Fishery. The amendment process involved consultation with the New South Wales Department of Primary Industries, reflecting the need for coordinated management and ecological sustainability assessments as outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.
Key Provisions
The primary operative sections of this legislative instrument are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC allows for amendments to this list, including the revocation of conditions and the imposition of new conditions on the inclusion of certain specimens. In this instance, the instrument revokes the existing conditions for specimens taken in the New South Wales Ocean Trawl Fishery and imposes new conditions, specifically that these specimens must be taken lawfully and are included in the list until 29 March 2013.
The Act imposes specific obligations on parties and entities involved with the trade of these specimens. The specimens must be taken lawfully, meaning they must comply with all relevant fisheries regulations and management plans. Additionally, the specimens must be derived from fish or invertebrates that are not listed under Part 13 of the EPBC Act. These conditions ensure that the trade of these specimens does not negatively impact endangered or threatened species.
In terms of legal consequences, breaches of the conditions imposed by this Act may lead to various civil and criminal penalties. The exact penalties are not detailed in the instrument itself but would be governed by the overarching provisions of the EPBC Act, which could include fines and imprisonment. The Act also allows for the confiscation of specimens that are illegally traded, further reinforcing the importance of adhering to the specified conditions. The penalties serve as a deterrent against unlawful activities and ensure compliance with the ecological sustainability criteria established by the Australian Government.