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 (the EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included on 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 to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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.
The inclusion of the specimens in the list is subject to the following notations:
- 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 on the list of exempt native specimens will allow continued export of these specimens until 28 February 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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organizations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the New South Wales Minister for Primary Industries and the Department of Primary Industries as the Minister and Department have management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 21 days. All comments received were taken into account in the decision to include the fishery on the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commences on 27 February 2009.
Unique Identifying Number: EPBC303DC/SFS/2009/05
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly in relation to matters of national environmental significance. This legislative instrument amends the List of Exempt Native Specimens under the EPBC Act, as authorised by Section 303DC. The instrument introduces certain specimens from the New South Wales Ocean Trawl Fishery into the list of exempt native specimens, which are thereby exempt from the trade control provisions that apply to regulated native specimens. This amendment facilitates the continued export of these specimens until 28 February 2012, provided that they are taken lawfully and covered by an approved Wildlife Trade Operation declaration. The decision to include these specimens was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and involved consultation with relevant stakeholders, including the New South Wales Minister for Primary Industries and the Department of Primary Industries. The legislative instrument, numbered EPBC303DC/SFS/2009/05, commenced on 27 February 2009.
Scope and Application
The Environment Protection and Biodiversity Conservation Act, 1999, as amended by F2009L00729, modifies the List of Exempt Native Specimens under Section 303DC. This legislation applies to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the New South Wales Ocean Trawl Fishery as defined by the New South Wales Fisheries Management Act 1994. The inclusion of these specimens on the list exempts them from trade control provisions applicable to regulated native specimens, provided that they were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This exemption facilitates continued export of these specimens until 28 February 2012. The amendment reflects the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the decision to list the specimens considers the ecological sustainability of the relevant fisheries management arrangements. The legislative instrument is subject to consultation with relevant ministers and stakeholders, including the New South Wales Minister for Primary Industries and the Department of Primary Industries, and was advertised for public comment before implementation.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a list of exempt native specimens, as established under section 303DB, which exempts certain specimens from the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, and this instrument specifically amends it to include specimens taken in the New South Wales Ocean Trawl Fishery, provided they are not from species listed under Part 13 of the EPBC Act. This inclusion is subject to two conditions: the specimens must have been taken lawfully, and they must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This change permits the continued export of these specimens until 28 February 2012.
The Act imposes specific obligations on the parties involved, including the requirement that specimens must be taken lawfully and that they must be covered by a declaration under an approved Wildlife Trade Operation. The Minister for Environment, Heritage and the Arts, through their delegate, is required to consult with relevant stakeholders before amending the list. In this instance, consultations were held with the New South Wales Minister for Primary Industries and the Department of Primary Industries, given their management responsibilities over the fishery. Additionally, the proposal was advertised on the Department of the Environment, Water, Heritage and the Arts’ (DEWHA) website, inviting public comment for 21 days, and all received comments were considered in the decision-making process.
Failure to comply with the provisions of the EPBC Act may result in various legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the Act can generally lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for offences under the EPBC Act can vary, but they are designed to enforce compliance with environmental protection and biodiversity conservation objectives.