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 11 November 2004 subject:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the 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 30 March 2010.
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 30 March 2010.
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. 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 the Environment, 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. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Department of Fisheries Western Australia (DFWA) as DFWA has 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 commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2009/43
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, addresses the protection of the environment and biodiversity through comprehensive regulations on environmental impact assessments, trade of native species, and conservation efforts. This Act aims to maintain ecological balance and manage the effects of human activities on the environment. The 2009 legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the Act, which exempts certain native specimens from trade control provisions. This amendment revokes previous conditions for specimens derived from fish or invertebrates taken in the Northern Demersal Scalefish Managed Fishery and imposes new conditions, including that the specimens must be taken lawfully and remain exempt until 30 March 2010. This change facilitates continued export of these specimens while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Environment, Heritage and the Arts consulted with relevant stakeholders, including the Department of Fisheries Western Australia, and invited public comment before making this amendment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to the trade control provisions of the Act, specifically focusing on the exemption of certain native specimens from these controls. This legislation applies to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Northern Demersal Scalefish Managed Fishery as defined in the Northern Demersal Scalefish Fishery Management Plan 2000 under the Western Australian Fish Resources Management Act 1994. These specimens are exempt from the trade control provisions applicable to regulated native specimens. The instrument stipulates that these specimens must have been taken lawfully and sets the exemption period until 30 March 2010, thereby facilitating their continued export within these parameters. This legislative instrument operates within the Commonwealth jurisdiction, and its implementation follows consultation with relevant state and territory ministers, as well as the Department of Fisheries Western Australia, and public consultation.
Key Provisions
The operative sections of the legislation (F2009L04356) involve the amendment of the List of Exempt Native Specimens under section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act establishes a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument revokes the existing conditions for specimens 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 imposes new conditions. These new conditions state that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully, and they are included on the list until 30 March 2010. This change allows continued export of these specimens until the specified date.
In terms of obligations and requirements, parties or entities governed by this Act must ensure that any specimens derived from fish or invertebrates taken in the Northern Demersal Scalefish Managed Fishery are taken lawfully. This means adhering to the relevant fishing regulations and obtaining any necessary permits or licenses. Additionally, the specimens must be derived from species not listed under Part 13 of the EPBC Act. These obligations are in place to maintain the ecological sustainability of the fishery and to comply with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Environment, Heritage and the Arts was required to consult with relevant Commonwealth Ministers, state and territory Ministers, and other relevant persons or organisations before amending the list. In this case, consultation with the Department of Fisheries Western Australia (DFWA) was deemed appropriate due to their management responsibilities for the fishery.
The legislation outlines specific consequences for non-compliance. Although the explanatory statement does not explicitly state offences, penalties, or specific civil or criminal consequences, it can be inferred that any breaches of the conditions imposed by this legislative instrument could lead to penalties under the EPBC Act. The Act provides for various penalties, including fines and imprisonment, for breaches related to the trade of native specimens. The maximum penalties could include substantial fines for individuals and corporations, reflecting the seriousness of non-compliance with environmental protection laws. Additionally, ongoing unlawful activities could result in further regulatory actions or even the revocation of permits or licenses necessary for lawful fishing operations.