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 November 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 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 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 15 June 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 – 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 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/2010/15
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the conservation of biodiversity, and the sustainable use of natural resources. This Act was introduced to address the need for a comprehensive legal framework that protects and conserves Australia's biodiversity and natural heritage. The EPBC Act is administered by the Australian Parliament and aims to ensure that the impacts of activities, including trade in native specimens, are managed in a way that is ecologically sustainable. This legislative instrument amends the list of exempt native specimens under Section 303DC of the EPBC Act by revoking previous conditions and imposing new conditions on the exemption of certain specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act. This change facilitates the continued export of these specimens until 15 June 2010, provided they were taken lawfully, thereby aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
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 the regulation of trade in native specimens, specifically those derived from fish or invertebrates taken in the Northern Demersal Scalefish Managed Fishery in Western Australia. The Act exempts these specimens from the trade control provisions that typically apply to regulated native specimens, facilitating their export. This exemption is conditional upon the specimens being lawfully taken and remains valid until 15 June 2010. The amendment was made following consultations with relevant Commonwealth Ministers, State Ministers, and interested parties, and was in line with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument, which is subject to the Legislative Instruments Act 2003, effectively extends the application of the EPBC Act to ensure the sustainable management and trade of native specimens from this specific fishery within Australia's jurisdictional boundaries.
Key Provisions
The legislative instrument amends the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DB and 303DC). Specifically, it revokes the existing conditions attached to specimens derived from fish or invertebrates in the Northern Demersal Scalefish Managed Fishery, except those from species listed under Part 13 of the EPBC Act, and imposes new conditions. The new conditions require that the specimens be taken lawfully and remain on the list until 15 June 2010. This amendment aims to facilitate the continued export of these specimens until the specified date. The decision to amend the list was made after consulting relevant Commonwealth and state ministers, as well as considering public comments received during a 24-day consultation period on the Department of the Environment, Water, Heritage and the Arts' website.
The Act imposes several obligations on the parties involved. First, it mandates that any specimens derived from fish or invertebrates in the Northern Demersal Scalefish Managed Fishery, excluding those from species listed under Part 13 of the EPBC Act, must be taken lawfully. This means that the harvesting of these specimens must comply with all relevant laws and regulations governing fisheries in Australia. Second, the specimens must be included on the list of exempt native specimens until 15 June 2010, after which they will no longer be exempt from trade control provisions. Compliance with these conditions ensures that the ecological sustainability criteria outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition are met.
Failure to comply with the conditions set out in this legislative instrument may result in civil or criminal consequences. While specific offences and penalties are not detailed in the text, breaches of the EPBC Act can generally lead to substantial penalties. For example, under section 474 of the EPBC Act, individuals and corporations can be fined up to AUD 66,000 and 360 penalty units respectively for contravening the Act. Additionally, corporations may face even higher penalties of up to 540 penalty units for each day the contravention continues. These potential penalties underscore the importance of adhering to the conditions outlined in the legislative instrument to avoid legal repercussions.