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 June 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 June 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 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 address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. This legislative instrument, issued in 2014, amends the List of Exempt Native Specimens to extend the exemption period for specimens derived from fish or invertebrates taken in the New South Wales Ocean Trawl Fishery until 27 June 2014. The amendment aims to facilitate the continued export of these specimens, provided they were taken lawfully. The policy objective aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the fishery’s management arrangements. This legislative instrument was developed following consultation with relevant stakeholders and public comment, in accordance with the requirements of the EPBC Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trawl Fishery. This legislation applies to these specific specimens and their lawful trade, establishing conditions under which they are exempt from the trade control provisions that apply to regulated native specimens. The application of this Act is geographically focused on the New South Wales Ocean Trawl Fishery, as defined by the Fishery Management Strategy made under the New South Wales Fisheries Management Act 1994. The legislative instrument was developed in consultation with relevant authorities, including the New South Wales Department of Primary Industries, and after inviting comments from interested parties for a specified period. The instrument imposes conditions that the specimens must be taken lawfully and remain listed until 27 June 2014. This legislative instrument operates within the framework of the EPBC Act and is subject to the oversight and consultation requirements specified therein, ensuring that the ecological sustainability of the fishery is maintained while allowing continued export of the specimens.
Key Provisions
The main operative sections of this legislative instrument concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). This instrument revokes previous conditions and imposes new conditions for the inclusion of certain fish and invertebrate specimens in the list. Specifically, it removes conditions that applied to specimens taken in the New South Wales Ocean Trawl Fishery and replaces them with conditions that require the specimens to be taken lawfully and be included in the list until 27 June 2014 (Section 303DB). This change aims to allow continued export of these specimens until the specified date.
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that any specimens derived from fish or invertebrates, which are not listed under Part 13 of the EPBC Act, are taken lawfully. The specimens must also comply with the new conditions set by this legislative instrument, which stipulate that they are included in the list of exempt native specimens until 27 June 2014. This means that anyone exporting these specimens must verify that they meet the criteria outlined by the Act and that they were taken in accordance with the relevant fishery management laws.
Any breaches of the provisions in this Act can result in civil and criminal consequences. Although the specific penalties are not detailed in the text, it is implied that violations of the trade control provisions and the conditions set forth for the inclusion of specimens in the list could lead to legal action. The penalties may include fines, imprisonment, or other sanctions as prescribed by the EPBC Act. The Act ensures that any amendments to the list of exempt native specimens undergo a consultation process, and any comments received are considered in the decision-making process. This ensures transparency and accountability in the management of native specimens.