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 include the following specimens in the list of exempt native specimens:
- 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 (other than a species listed in the conservation dependent category) and
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)
taken in the New South Wales Ocean Trawl Fishery, as defined in the New South Wales Fisheries Management (Ocean Trawl Share Management) Regulation 2006 in force under the New South Wales Fisheries Management Act 1994,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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 New South Wales Department of Primary Industries 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 the Environment’s 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.
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 provide for the protection of the environment and biodiversity, particularly in the context of activities that may have a significant impact. This Act was introduced to address the need for a comprehensive framework to manage and conserve Australia’s biodiversity and ecosystems. The EPBC Act is administered by the Australian Government, with the Parliament enacting the legislation to establish a robust system for environmental protection. The policy objective of this legislative instrument is to amend the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act, ensuring the continued export of certain specimens from the New South Wales Ocean Trawl Fishery without the requirement of export permits, provided they meet specific criteria and conditions. This amendment facilitates sustainable management and trade of native specimens, aligning with the Australian Government’s guidelines for ecologically sustainable fisheries management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens instrument modifies the EPBC Act to include certain specimens in the list of exempt native specimens, thus exempting them from the trade control provisions applicable to regulated native specimens. This amendment applies to specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act (excluding those in the conservation dependent category) and taxa listed under section 303CA of the EPBC Act (Australia's CITES list). The specimens must be taken lawfully within the New South Wales Ocean Trawl Fishery, as defined under the New South Wales Fisheries Management (Ocean Trawl Share Management) Regulation 2006. The inclusion of these specimens in the list of exempt native specimens is contingent upon the specimens being covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This legislative instrument, which commenced upon registration, applies to the Commonwealth and is subject to the geographic limitations of the New South Wales Ocean Trawl Fishery. It does not engage any rights or freedoms and is compatible with human rights as recognised or declared in relevant international instruments.
Key Provisions
The key provisions of the legislation (F2014L00824) pertain to the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC allows for the inclusion of certain specimens in the list of exempt native specimens. These specimens include those derived from fish or invertebrates taken within the New South Wales Ocean Trawl Fishery, as defined in the New South Wales Fisheries Management (Ocean Trawl Share Management) Regulation 2006 under the New South Wales Fisheries Management Act 1994. The inclusion of these specimens in the list exempts them from the trade control provisions that apply to regulated native specimens, allowing for their continued export without requiring export permits, provided they meet certain conditions.
The obligations imposed by the Act on parties and entities governed by it are primarily focused on ensuring that the specimens included in the list are taken lawfully and are covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. This means that any entity involved in the trade of these specimens must ensure compliance with the specified conditions. Additionally, the Minister for the Environment must consult with relevant stakeholders, including the New South Wales Department of Primary Industries, and advertise the proposal on the Department of the Environment’s website to invite comments from interested parties. All feedback received during the consultation period must be taken into account in the decision-making process.
Failure to comply with the provisions of the Act may result in various civil and criminal consequences. While the legislation does not explicitly detail specific offences or penalties, breaches of the EPBC Act can generally lead to enforcement actions, including fines and potential legal proceedings. The maximum penalties for offences under the EPBC Act can be significant, often involving substantial fines and, in some cases, imprisonment, depending on the severity and nature of the breach. The Act’s provisions are designed to ensure the ecological sustainability of the fishery and the protection of native species, thereby maintaining the integrity of Australia’s biodiversity conservation efforts.