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 3 October 2007 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 Mud Crab Fishery, as defined in the Mud Crab Fishery Management Plan in force under the Northern Territory Fisheries Act 1988
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 22 September 2017.
The only effect of this amendment is to extend this date. 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 22 September 2017.
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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the Northern Territory Department of Resources as the Northern Territory Department of Resources has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 24 business days. No comments were received.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for comprehensive protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may harm the environment. This Act seeks to provide a framework for the protection of the environment from significant impacts, including through the regulation of trade in native species. In accordance with Section 303DC, the Act includes a list of exempt native specimens which are exempt from trade control provisions that apply to regulated native specimens. The F2012L01908 legislative instrument amends this list, specifically concerning specimens derived from fish or invertebrates in the Northern Territory Mud Crab Fishery. The policy objective is to facilitate the continued export of these specimens while ensuring that they are taken lawfully and in compliance with ecologically sustainable management guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, which are taken in the Northern Territory Mud Crab Fishery as defined under the Northern Territory Fisheries Act 1988. This legislation applies to those who handle, trade, or possess these specimens, particularly within the context of the Northern Territory Mud Crab Fishery. The amendment revokes the previous conditions that were subject to the inclusion of these specimens in the list of exempt native specimens and replaces them with new conditions, extending the exemption until 22 September 2017. These conditions ensure that the specimens must have been taken lawfully and must be included in the list until the specified date. The Act operates within the Commonwealth jurisdiction, and its application is limited to the specified specimens and the stated timeframe. The instrument does not affect any rights or freedoms and is compatible with human rights as recognised in international instruments.
Key Provisions
The primary sections involved in this legislative amendment are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB pertains to the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC, on the other hand, outlines the process for amending this list. The amendment in question revokes the existing conditions on the inclusion of certain specimens derived from fish or invertebrates in the list of exempt native specimens. These specimens, unless they belong to species listed under Part 13 of the EPBC Act, are taken in the Northern Territory Mud Crab Fishery. The amendment imposes new conditions that the specimens must be taken lawfully and remain in the list until 22 September 2017. This change effectively extends the period of exemption until the specified date.
The obligations imposed by this Act on the parties involved, primarily the Northern Territory Department of Resources, include ensuring that any specimens derived from fish or invertebrates are taken in accordance with the law and are properly documented. These entities must also ensure that these specimens remain in the list of exempt native specimens until the specified date. This requires compliance with both the EPBC Act and the Northern Territory Fisheries Act 1988. By consulting with the Northern Territory Department of Resources and advertising the proposal on the Department of Sustainability, Environment, Water, Population and Communities’ website, the government has ensured a degree of transparency and stakeholder involvement in the amendment process.
Breaches of the conditions imposed by this amendment could result in various civil and criminal consequences. For example, taking specimens unlawfully or failing to adhere to the specified date could result in penalties under both the EPBC Act and the Northern Territory Fisheries Act 1988. The maximum penalties for breaches of the EPBC Act can include substantial fines and, in some cases, imprisonment. The specifics of these penalties would depend on the severity and frequency of the breach. Additionally, any entity found in violation of these conditions could face reputational damage and potential legal action from affected parties.