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 items in the list of exempt native specimens 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
- 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 South Australian Sardine Fishery, as defined in the Management Plan for South Australian Pilchard Fishery 2005, in force under the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2007
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 24 June 2016.
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 24 June 2016. 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 Industry and Fisheries and the Department of Primary Industries and Regions South Australia, as the Northern Territory Department of Industry and Fisheries and the Department of Primary Industries and Regions South Australia have management responsibilities for the fisheries concerned.
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.
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 address the need for comprehensive protection of the environment, particularly focusing on the conservation of biodiversity. The Act provides a framework for the protection of the environment from significant impacts of proposed actions, including the regulation of trade in native specimens. The 2015 amendment to the List of Exempt Native Specimens, detailed in F2015L01842, was introduced to facilitate continued export of certain fish and invertebrate specimens from specific fisheries in the Northern Territory and South Australia until 24 June 2016. This legislative instrument was created under the authority of the EPBC Act, with the policy objective of ensuring that the trade of these specimens remains sustainable and legally compliant. The Minister for the Environment, in consultation with relevant state authorities, made this amendment to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The amendment to the Environment Protection and Biodiversity Conservation Act 1999, implemented through legislative instrument F2015L01842, concerns the modification of the List of Exempt Native Specimens under Section 303DC of the Act. This legislative amendment applies specifically to specimens of fish and invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Northern Territory Demersal Fishery and the South Australian Sardine Fishery. The fisheries in question are defined under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulation 1993, as well as the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2007. The changes revoke previous conditions on the inclusion of these specimens in the list of exempt native specimens and impose new conditions that the specimens must be taken lawfully and remain included in the list until 24 June 2016. This amendment, made in accordance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, facilitates the continued export of these specimens until the specified date. The Minister for the Environment consulted with relevant authorities in the Northern Territory and South Australia prior to implementing this change, ensuring alignment with existing fisheries management responsibilities.
Key Provisions
The primary sections of this legislation amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by modifying the list of exempt native specimens. Section 303DC of the EPBC Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument revokes the conditions attached to the inclusion of certain fish and invertebrate specimens in this list, which were previously subject to specific conditions. Instead, new conditions are imposed, stipulating that the specimens must be taken lawfully and are included in the list until 24 June 2016. The changes are designed to ensure continued export of these specimens until the specified date.
The obligations imposed by this Act on the parties and entities it governs are primarily related to the lawful taking of specimens and the compliance with the new conditions set out in the legislation. The specimens must be derived from fish or invertebrates taken in the Northern Territory Demersal Fishery or the South Australian Sardine Fishery, as defined by the relevant state and territory fisheries acts and regulations. Additionally, these specimens must not belong to species listed under Part 13 of the EPBC Act. The inclusion of the specimens in the list is subject to these conditions, and parties must ensure that the specimens meet these criteria to remain exempt from trade controls until the specified date.
The legislation does not explicitly detail specific offences, penalties, or consequences for breach. However, the general provisions of the EPBC Act and other relevant fisheries management legislation would apply. Breaches of the conditions for lawful taking or incorrect classification of specimens could result in civil or criminal penalties, depending on the severity and intent of the breach. The maximum penalties would be in accordance with the relevant sections of the EPBC Act and other applicable fisheries management laws, which could include fines and, in some cases, imprisonment. It is important for parties to ensure strict compliance with the conditions to avoid any legal repercussions.