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 1 December 2004 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 Northern Demersal Scalefish Managed fishery, as defined in the Northern Demersal Scalefish Fishery Management Plan 2000, made under the Western Australian Fish Resources 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 18 September 2015.
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 18 September 2015. 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 Department of Fisheries Western Australia, as the Department of Fisheries Western Australia has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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 a comprehensive legal framework to protect and manage Australia's environment and biodiversity, including the regulation of trade in native species. This Act was introduced by the Commonwealth Parliament to provide a unified approach to environmental protection and biodiversity conservation across Australia, aligning with national and international obligations. The Act aims to ensure the ecologically sustainable development and use of natural resources by controlling activities that may have a significant impact on the environment and biodiversity.
This legislative instrument amends the List of Exempt Native Specimens under the EPBC Act by revoking and replacing the conditions for specimens derived from fish or invertebrates in the Northern Demersal Scalefish Managed fishery. This change facilitates the continued export of these specimens until 18 September 2015, ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment process involved consultation with relevant stakeholders, including the Department of Fisheries Western Australia, to align with the ecological sustainability criteria for the fishery.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in F2015L00803, pertains to the regulation of trade involving native specimens, specifically those derived from fish or invertebrates, taken in the Northern Demersal Scalefish Managed fishery under the Western Australian Fish Resources Management Act 1994. This amendment modifies the conditions under which these specimens are exempt from trade control provisions applicable to regulated native specimens. The primary effect of this instrument is to extend the period until 18 September 2015, during which these specimens can be exported without restriction. The change is limited to specimens derived from fish or invertebrates that are not listed under Part 13 of the EPBC Act, thus excluding certain species from this exemption. The amendment was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fishery's management aligns with ecological sustainability criteria. The Minister for the Environment, before implementing this amendment, engaged in consultations with relevant state and territory ministers and other stakeholders, including the Department of Fisheries Western Australia, to ensure that the changes were well-considered and appropriate.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions for the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens (s 303DB). This legislative instrument specifically addresses the amendment of this list concerning specimens taken in the Northern Demersal Scalefish Managed fishery in Western Australia. Under this amendment, the conditions previously attached to the inclusion of these specimens in the list are revoked and new conditions are imposed (s 303DC). These new conditions require that the specimens be taken lawfully and remain in the list of exempt specimens until 18 September 2015. This change allows for the continued export of these specimens until the specified date.
The obligations imposed by this Act on the parties involved primarily revolve around ensuring compliance with the new conditions set for the exempt specimens. Specifically, any entity or individual exporting these specimens must ensure that the specimens were taken lawfully and remain within the stipulated date of 18 September 2015. This requires thorough documentation and adherence to the legal framework governing the fishery and the export process. The Minister for the Environment must also consult with relevant Commonwealth and state ministers, as well as other relevant persons and organisations, before making such amendments (s 303DC(3)). In this case, consultation with the Department of Fisheries Western Australia was deemed appropriate due to their management responsibilities over the relevant fishery.
Breach of the conditions set forth in the amended list could result in civil or criminal consequences. While the specific offences and penalties are not detailed in this legislative instrument, under the EPBC Act, breaches related to the trade of native specimens can attract significant penalties. For instance, under section 474 of the Act, a person who contravenes certain provisions can be subject to substantial fines, up to $330,000 for individuals and $1.65 million for bodies corporate, along with potential imprisonment terms. These penalties underscore the importance of compliance with the legal requirements for the export of native specimens as stipulated by the Act.