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 30 November 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 Offshore Net and Line Fishery, as defined in the management regime in force under the Northern Territory Fisheries Regulations and 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;
- the specimens are included in the list until 28 September 2011;
- operation of the Northern Territory Offshore Net and Line Fishery will be carried out in accordance with the management regime in force under the Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988; and
- the Northern Territory Department of Resources to advise the Department of Sustainability, Environment, Water, Population and Communities of any intended change to the Northern Territory Offshore Net and Line Fishery management arrangements that could affect the criteria on which EPBC Act decisions are based.
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 September 2011.
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 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 department has management responsibilities for the fishery 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.
Unique Identifying Number: EPBC303DC/SFS/2011/10
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for a cohesive framework to protect and manage the nation's environmental heritage, particularly in relation to biodiversity and ecosystems. This legislation serves to safeguard Australia's unique flora and fauna by controlling activities that may harm the environment, including the trade of native specimens. The Act was designed to fill the gap in comprehensive environmental protection at a national level, ensuring that federal, state, and territory governments work in concert to preserve biodiversity. The instrument in question, issued under Section 303DC of the EPBC Act, seeks to amend the list of exempt native specimens, specifically those derived from fish or invertebrates within the Northern Territory Offshore Net and Line Fishery. This change is aimed at facilitating the continued export of these specimens while ensuring that the fishery's management aligns with 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, as outlined in F2011L00726, amends the conditions under which certain fish and invertebrate specimens derived from the Northern Territory Offshore Net and Line Fishery are exempt from trade control provisions. This legislative amendment applies to specimens that are not species listed under Part 13 of the EPBC Act, taken within the parameters of the Northern Territory Offshore Net and Line Fishery as defined in the Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988. The primary effect of this amendment is to revoke existing conditions that were subject to the inclusion of these specimens in the list of exempt native specimens, while simultaneously imposing new conditions that the specimens must be lawfully taken, remain on the list until 28 September 2011, and that the fishery's operations must adhere to the Northern Territory Fisheries Regulations and Act. Furthermore, the Northern Territory Department of Resources is mandated to notify the Department of Sustainability, Environment, Water, Population and Communities of any intended changes to the fishery management arrangements that could impact the criteria for EPBC Act decisions. This legislative instrument applies nationally, reflecting the Commonwealth's jurisdiction in environmental protection and biodiversity conservation matters.
Key Provisions
The key operative sections of the legislation, F2011L00726, involve amendments to the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). These amendments specifically address specimens taken in the Northern Territory Offshore Net and Line Fishery, as defined under the Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988. The revisions revoke existing conditions on the inclusion of these specimens in the list of exempt native specimens and impose new conditions that must be met for their continued exemption. These conditions include the lawful taking of the specimens, the inclusion of the specimens in the list until 28 September 2011, adherence to the current Northern Territory fisheries management regime, and mandatory notification by the Northern Territory Department of Resources of any intended changes to the fishery management arrangements that may affect the ecological sustainability criteria.
The obligations imposed by this Act on the relevant parties and entities include ensuring that any specimens derived from the Northern Territory Offshore Net and Line Fishery are taken lawfully and comply with the specified conditions for exemption from trade control provisions. The Northern Territory Department of Resources is obligated to notify the Department of Sustainability, Environment, Water, Population and Communities of any proposed changes to the management arrangements of the fishery that could impact the criteria for ecologically sustainable management as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. These conditions aim to maintain compliance with ecological sustainability standards and ensure the continued legality and oversight of the fishery.
Any breaches of the conditions set forth in this legislation may result in civil or criminal consequences. Although the specific penalties are not detailed within the text, it is understood that breaches could lead to legal actions under the EPBC Act, which may include fines and other penalties as prescribed by the Act. The Minister for Sustainability, Environment, Water, Population and Communities, in consultation with relevant stakeholders, determined these conditions to ensure the ecological sustainability of the fishery management arrangements and the continued export of the specified specimens until 28 September 2011. This legislative instrument is in force from the date of its registration on the Federal Register of Legislative Instruments.