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 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 on the list of exempt native specimens on 30 March 2010 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 on the list until 15 June 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 15 June 2015.
In determining to include the specimens on 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 for Environment Protection, Heritage and the Arts 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. 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 24 business days. All comments received were taken into account in the decision to include specimens derived from the fishery on the List of Exempt Native Specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Unique Identifying Number: EPBC303DC/SFS/2010/28
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment and biodiversity, particularly through the regulation of activities that may harm the environment or biodiversity. This legislation provides for the establishment and management of a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. The Act was introduced to ensure that activities impacting the environment and biodiversity are managed in an ecologically sustainable manner, in line with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument, introduced by the Minister for Environment Protection, Heritage and the Arts, aims to facilitate the continued export of certain fish and invertebrate specimens taken from the Northern Demersal Scalefish Managed Fishery, subject to specific conditions and until a specified date. The decision to amend the list of exempt native specimens was made following appropriate consultation with relevant stakeholders, as mandated by the EPBC Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets specimens derived from fish or invertebrates in the Northern Demersal Scalefish Managed Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This legislative instrument revokes the previous conditions governing these specimens, which were subject to specific conditions up until 30 March 2010, and introduces new conditions that exempt these specimens from trade controls until 15 June 2015, provided they were taken lawfully. The amendment applies to all entities involved in the trade of these specimens within Australia, and the changes are intended to facilitate continued export until the specified date. The jurisdictional scope of this Act is national, as it is enacted under the Commonwealth of Australia and affects entities operating across the country. The changes are made in consultation with relevant Commonwealth and state ministers, and public consultation was undertaken to gather feedback on the proposed amendments.
Key Provisions
The main sections of the legislation, specifically Section 303DC, establish the framework for the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB provides for the creation of this list, which exempts certain specimens from trade control provisions that apply to regulated native specimens. The legislative instrument amends the list by revoking existing conditions for specimens derived from fish or invertebrates taken in the Northern Demersal Scalefish Managed Fishery. It imposes new conditions, stipulating that the specimens must be taken lawfully and that their inclusion on the list is effective until 15 June 2015. This amendment allows for the continued export of these specimens until the specified date.
The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that any specimens derived from the Northern Demersal Scalefish Managed Fishery, which are to be included on the list of exempt native specimens, must be taken lawfully. This means that the fishing practices and the handling of the specimens must comply with all relevant laws and regulations. Secondly, the inclusion of these specimens on the list is subject to the condition that they remain exempt from trade control provisions only until 15 June 2015. This temporal restriction ensures that the exemption is not indefinite and that the specimens are subject to review and potential re-regulation after the specified date.
Under the EPBC Act, there are significant consequences for non-compliance with the provisions outlined in the legislation. While the specific offences, penalties, or civil/criminal consequences for breaching the conditions are not detailed in the legislative instrument, it is important to note that violations of the EPBC Act can lead to substantial penalties. For instance, breaches of the Act can result in both civil and criminal penalties, including fines and imprisonment. The exact penalties depend on the nature and severity of the breach but can be severe, reflecting the importance of environmental protection and biodiversity conservation under Australian law. Compliance with the conditions set forth in this legislation is therefore crucial to avoid legal repercussions.