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 27 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 27 March 2014. The only effect of this amendment is to extend this date.
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, Heritage and Water 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, Heritage and Water consulted with the New South Wales Department of Primary Industries as the New South Wales Department of Primary Industries has management responsibilities 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.
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) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia, particularly in relation to the trade and management of native specimens. Section 303DC of the EPBC Act allows for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens to address a specific issue related to specimens taken in the New South Wales Ocean Trawl Fishery. The revision revokes existing conditions and imposes new conditions, ensuring continued export of these specimens until 27 March 2014. The amendment was made in consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and is aligned with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument is a statutory instrument under the Legislative Instruments Act 2003, which ensures it is compatible with human rights as recognised in international instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as per F2013L01744, applies to specimens of fish or invertebrates taken from the New South Wales Ocean Trawl Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. The amendment revises the conditions under which these specimens are exempt from trade control provisions, specifically revoking previous conditions imposed on 27 February 2009 and introducing new ones effective until 27 March 2014. These new conditions require that the specimens or the fish or invertebrates from which they are derived must have been taken lawfully. The amendment is intended to facilitate the continued export of these specimens until the specified date and is grounded in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The legislative instrument, which is a product of the Legislative Instruments Act 2003, does not infringe upon any rights or freedoms and is deemed compatible with human rights as recognised in international instruments. The instrument came into effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation, as outlined in Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve amending the List of Exempt Native Specimens. Specifically, Section 303DB of the EPBC Act provides for the establishment of a list of exempt native specimens. This instrument amends the conditions that apply to specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trawl Fishery. The key change involves revoking the previous conditions and imposing new ones, which include that the specimen must have been taken lawfully and that these specimens are included in the list until 27 March 2014.
The obligations imposed by this Act on the relevant parties primarily revolve around ensuring that any specimens taken are done so lawfully and that they adhere to the new conditions set forth. This means that entities involved in the trade of these specimens must verify that the specimens were harvested in compliance with applicable laws and regulations. Additionally, they must ensure that these specimens are included in the list of exempt native specimens until the specified date of 27 March 2014.
Regarding potential offences, penalties, or consequences for breaches, the legislation does not explicitly detail specific penalties for non-compliance. However, given the context of the EPBC Act, violations of trade control provisions could potentially lead to civil or criminal penalties. Such penalties may include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties would be in line with the provisions of the EPBC Act, which generally allows for substantial fines and imprisonment terms for serious environmental offences. It is also noteworthy that this legislative instrument does not engage any of the applicable rights or freedoms and is compatible with the human rights and freedoms recognised or declared in international instruments.