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 26 May 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 Territory Demersal Fishery, as defined in the management regime in force under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulation 1993
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 28 November 2014.
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 28 November 2014. 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 Northern Territory Department of Primary Industry and Fisheries, as the Department of Primary Industry and Fisheries has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
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 in relation to biodiversity conservation. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and ecosystems. The Act was passed by the Parliament of Australia to ensure that environmental considerations are integrated into decision-making processes. The policy objective is to protect and conserve Australia's native species and ecological communities, including their habitats, through various regulatory mechanisms. This legislative instrument amends the list of exempt native specimens to allow for the continued export of certain fish and invertebrate specimens from the Northern Territory Demersal Fishery, subject to specific conditions, until 28 November 2014.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the inclusion of fish and invertebrate specimens taken from the Northern Territory Demersal Fishery, excluding those species listed under Part 13 of the Act, on the list of exempt native specimens. This amendment removes previous conditions that had restricted the exemption to a specific date and imposes new conditions whereby the specimens must be taken lawfully and remain exempt until 28 November 2014. The primary effect of this amendment is to extend the duration for which these specimens are exempt from trade control provisions, thus facilitating their continued exportation. The decision to amend the list was influenced by the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition,' which assess the ecological sustainability of the fishery's management arrangements. The Minister for the Environment, before making this amendment, was required to consult with relevant Commonwealth and state ministers and other appropriate persons and organisations, as per the provisions of the EPBC Act. This legislative instrument is binding and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment involve Section 303DB, which establishes a list of exempt native specimens, and Section 303DC, which outlines the process for amending this list. Specifically, Section 303DB(3) details the conditions under which certain fish or invertebrate specimens, derived from the Northern Territory Demersal Fishery, are exempt from trade control provisions. The amendment revokes existing conditions and imposes new ones that require the specimens to be taken lawfully and remain exempt until 28 November 2014. This change aims to facilitate continued exportation of these specimens until the specified date.
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that any specimens derived from the Northern Territory Demersal Fishery and included in the list of exempt native specimens must be taken in accordance with the law. This means that the specimens must comply with all applicable fishing regulations and management regimes under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulation 1993. Additionally, stakeholders must adhere to the guidelines set out by the Australian Government for the ecologically sustainable management of fisheries, ensuring that their practices are sustainable and environmentally responsible.
Breaches of the provisions outlined in the Act may lead to various civil and criminal consequences. While specific penalties are not detailed within the text, general provisions of the EPBC Act suggest that violations could result in fines or imprisonment. The exact penalties would depend on the severity of the breach and the specific provisions of the Act that are contravened. For instance, under the EPBC Act, individuals and entities found guilty of illegal trade in native specimens may face substantial financial penalties and potential imprisonment terms, which vary based on the nature and extent of the violation. It is essential for all parties involved to comply with the legal requirements to avoid these consequences.