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 Finfish Trawl 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. All comments received were taken into account in the decision to include the fishery on the list of exempt native specimens.
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/2009/13
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with respect to matters of national environmental significance. This Act addresses gaps in environmental protection by controlling actions that may have a significant impact on the environment, including the trade of native specimens. In 2009, the Act was amended to adjust the list of exempt native specimens, a measure intended to facilitate the continued export of certain specimens until a specified date while ensuring compliance with ecological sustainability guidelines. The amendment was made by the Minister for Environment, Heritage and the Arts, who consulted with relevant Northern Territory authorities and sought public input before finalising the changes. This legislative instrument aims to balance ecological sustainability with the needs of the fishing industry, as outlined in 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 applies specifically to specimens derived from fish or invertebrates taken within the Northern Territory Finfish Trawl Fishery. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they are taken lawfully and are not from species listed under Part 13 of the EPBC Act. The exemption is valid until 31 May 2014, as per the notations specified in the legislative instrument. This amendment ensures the continued export of these specimens under the current regulatory framework. The decision to include these specimens on the list was made in consultation with relevant Northern Territory ministers and departments, with an additional public consultation period. This legislative instrument operates under the jurisdiction of the Commonwealth, extending its regulatory reach to encompass all activities and entities involved in the specified fishery within the Northern Territory.
Key Provisions
The primary sections of this legislative instrument are section 303DB and section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. Section 303DC provides the mechanism for amending this list, requiring consultation with relevant parties before any amendments are made. This instrument specifically adds certain specimens to the list of exempt native specimens, subject to certain conditions and notations.
The obligations and requirements imposed by this legislation are primarily centred around the lawful taking of specimens and the management of fisheries. Specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Northern Territory Finfish Trawl Fishery, are added to the list of exempt native specimens. This inclusion is contingent upon the specimens being taken lawfully and remains in effect until 31 May 2014. Additionally, the Minister must consult with relevant stakeholders, including the Northern Territory Minister for Primary Industry, Fisheries and Resources, and the Northern Territory Department of Regional Development, Primary Industries and Fisheries Resources, before making any amendments to the list. The proposal to amend the list was also advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting public comment for 20 days.
In terms of breaches and penalties, the EPBC Act itself does not specify maximum penalties for breaches of its provisions, as these are generally outlined in other sections of the Act or related legislation. However, the listing of specimens on the exempt native specimens list is subject to stringent conditions to ensure compliance with ecological sustainability guidelines. Breaches of these conditions could potentially lead to administrative or legal consequences under the EPBC Act or other relevant legislation, depending on the nature and severity of the breach. The primary focus of this instrument is to ensure lawful management and export of the specified fishery specimens until the specified date, rather than to delineate specific penalties for non-compliance.