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 on 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 on the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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 Regulations 1993.
The inclusion of the specimens in the list is subject to the following notations:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- the specimens are included on the list until 31 May 2014.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 31 May 2014.
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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organizations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Northern Territory Minister for Primary Industry, Fisheries and Resources and the Northern Territory Department of Regional Development, Primary Industries and Fisheries Resources as the Minister and Department have 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 20 days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
For the purposes of section 12(1) of the Legislative Instruments Act 2003, the specified day for the purposes of the commencement of this instrument is 29 May 2009.
Unique Identifying Number: EPBC303DC/SFS/2009/16
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of Australia's biodiversity and the management of environmental impacts, particularly those associated with significant developments. The Act provides a framework for the conservation and protection of Australia's biodiversity and natural heritage. This legislative instrument, F2009L02101, is an amendment made to the EPBC Act in accordance with section 303DC, which facilitates the establishment of a list of exempt native specimens. The primary objective of this amendment was to include certain specimens taken from the Northern Territory Demersal Fishery within the list of exempt native specimens, thereby exempting them from the trade control provisions that apply to regulated native specimens. This amendment was enacted by the Australian Government, ensuring that the specimens in question could continue to be exported until 31 May 2014, subject to specific notations regarding lawful capture and the duration of the exemption. The decision to amend the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, and involved consultation with relevant stakeholders, including the Northern Territory government, as well as a period for public comment.
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 specimens derived from fish or invertebrates taken in the Northern Territory Demersal Fishery, excluding those species listed under Part 13 of the EPBC Act. This amendment allows these specimens to be exempt from the trade control provisions that apply to regulated native specimens, provided they are taken lawfully and are included on the list until 31 May 2014. The decision to include these specimens on the exempt list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which outline the criteria for assessing the sustainability of fisheries management arrangements. This legislative instrument was subject to consultation with relevant Northern Territory ministers and departments, as well as public consultation, although no comments were received. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on 29 May 2009.
Key Provisions
The main operative sections of this legislation, as detailed in the explanatory statement, involve the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Section 303DB of the EPBC Act establishes the list of exempt native specimens, which exempts them from the trade control provisions applicable to regulated native specimens. This legislative instrument adds certain fish and invertebrate specimens taken in the Northern Territory Demersal Fishery to this list, with specific notations that they must be taken lawfully and are included until 31 May 2014.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with the lawful taking of specimens and their inclusion on the list of exempt native specimens. The specimens must be taken in accordance with the management regime defined under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulations 1993. Additionally, any person or entity involved in the export of these specimens must ensure that they comply with the notations specified, including the lawful taking and the specified time frame until 31 May 2014. The decision to include these specimens was made with consideration of the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which were taken into account to ensure the ecological sustainability of the fishery concerned.
For breaches of the provisions outlined in this Act, there are potential civil and criminal consequences. While the explanatory statement does not explicitly detail specific penalties, under the EPBC Act, breaches of the Act's provisions can lead to substantial penalties. Generally, the EPBC Act provides for penalties that can include fines of up to AUD 210,000 for individuals and AUD 1,050,000 for corporations, in addition to potential imprisonment terms for more serious breaches. The specific penalties for this Act would align with the general provisions of the EPBC Act and could involve both criminal and civil liabilities, depending on the nature and severity of the breach.