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 include the following specimens in the list of exempt native specimens:
- 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 Prawn Fishery as defined in the Northern Prawn Fishery Management Plan 1995 made under the Commonwealth Fisheries Management Act 1991,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 9 January 2019.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 9 January 2019.
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 Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibility 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.
The instrument commenced on 10 January 2014.
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 provide for the protection of the environment, particularly by preventing significant damage to the environment from actions that are regulated under the Act. This legislation was introduced to address the need for comprehensive protection of Australia's biodiversity and ecosystems, including native species and their habitats. The Act was enacted by the Parliament of Australia, reflecting a policy objective to ensure the sustainable management of natural resources and biodiversity. This legislative instrument, which amends the list of exempt native specimens under the EPBC Act, aims to facilitate the continued export of certain fish and invertebrate specimens taken in the Northern Prawn Fishery, subject to specific conditions and until a specified date. The amendment process involved consultation with relevant authorities and stakeholders, including the Australian Fisheries Management Authority, and public comment was sought to ensure that the changes align with the guidelines for ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in the Explanatory Statement, pertains to specimens derived from fish or invertebrates within the Northern Prawn Fishery. These specimens, excluding those belonging to species listed under Part 13 of the EPBC Act, are included in the list of exempt native specimens, thereby exempting them from the trade control provisions applicable to regulated native specimens. This amendment allows for the continued export of these specimens until 9 January 2019, provided they were taken lawfully. The amendment is subject to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which ensure the management arrangements for the fishery are ecologically sustainable. The decision to amend the list was made in consultation with relevant Commonwealth and state ministers, as well as stakeholders such as the Australian Fisheries Management Authority, and was also subject to public consultation. This legislative instrument, which commenced on 10 January 2014, is designed to balance ecological sustainability with the continuation of lawful trade in specified specimens.
Key Provisions
Section 303DB(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows for the establishment of a list of exempt native specimens. These specimens are exempt from the trade control provisions that apply to regulated native specimens. The main provision of this legislation, as indicated in Section 303DC, is the amendment of the List of Exempt Native Specimens to include certain specimens derived from fish or invertebrates taken in the Northern Prawn Fishery, subject to certain conditions. These specimens are exempt from trade control provisions until 9 January 2019, provided they were taken lawfully and are not from species listed under Part 13 of the EPBC Act.
The Act imposes obligations on parties and entities involved in the trade of these specimens. Specifically, those engaged in the trade of these specimens must ensure that they were taken lawfully and comply with the conditions set forth in the legislation, such as the date restriction until 9 January 2019. Additionally, the Minister for the Environment is required to consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before amending the list of exempt native specimens. This consultation process is mandated by Subsection 303DC(3) of the EPBC Act.
The Act does not explicitly state any specific offences, penalties, or civil or criminal consequences for breaches. However, any failure to comply with the conditions for the exemption of these specimens from trade control provisions could potentially result in legal action under the broader provisions of the EPBC Act or other related legislation. The maximum penalties for breaches of the EPBC Act generally depend on the nature and severity of the offence, with potential fines and imprisonment for serious violations.