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 12 May 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 12 May 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 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. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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/2010/55
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment and biodiversity in Australia, including regulating the trade of native specimens. In 2010, an amendment was introduced to adjust the List of Exempt Native Specimens under Section 303DC of the Act, responding to the need for a balanced approach between ecological sustainability and the economic activities such as fisheries. The Australian Parliament authorised this amendment, ensuring alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The policy objective behind this amendment was to allow continued export of certain fish and invertebrate specimens from the Northern Territory Offshore Net and Line Fishery, provided they were taken lawfully and the fishery management complied with specified regulations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets specimens of fish and invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, which are taken in the Northern Territory Offshore Net and Line Fishery. This legislation applies to entities involved in the management and operation of this fishery, ensuring compliance with the Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988. The scope of the Act extends to the Commonwealth, with its provisions governing the ecological sustainability and lawful taking of specimens for export purposes. The exemption from trade control provisions is contingent upon the specimens being lawfully taken and derived from fisheries managed under the specified Northern Territory regulations. The Act also mandates consultation with the Northern Territory Department of Resources and public consultation as part of its amendment process, ensuring that any changes to fishery management arrangements are communicated to relevant authorities. The exemption period is set until 12 May 2011, after which the specimens will no longer be exempt from trade control provisions.
Key Provisions
The main operative sections of this legislation concern the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DB of the EPBC Act allows 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 amendment revokes conditions that were previously attached to specimens derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Northern Territory Offshore Net and Line Fishery. These conditions include that the specimens must have been taken lawfully, they remain exempt until 12 May 2011, and the Northern Territory Offshore Net and Line Fishery must be operated according to the management regime under the Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988. Furthermore, the Northern Territory Department of Resources is required to advise the Department of Sustainability, Environment, Water, Population and Communities of any changes to the fishery management arrangements that could affect the criteria for EPBC Act decisions.
The obligations imposed by this Act on the parties involved are primarily centred around compliance with the specified conditions for the exemption of the specimens. The specimens must have been taken lawfully, ensuring adherence to the Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988. Additionally, the operation of the Northern Territory Offshore Net and Line Fishery must comply with the management regime established under these regulations and the Act. The Northern Territory Department of Resources has the obligation to communicate any intended changes to the fishery management arrangements that could impact the criteria for EPBC Act decisions. This ensures that the exemption of these specimens remains valid and justified under the criteria set forth in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Breaches of the conditions imposed by this Act could result in the specimens no longer being exempt from the trade control provisions, leading to potential legal consequences. The Act does not explicitly state specific penalties for breaches of these conditions, but given the context of the EPBC Act, violations could result in administrative or legal actions, including fines or other civil or criminal penalties. The severity of the consequences would depend on the nature and extent of the breach, as well as the specific provisions of the EPBC Act and any related regulations or guidelines. It is important for all parties involved to adhere to the conditions to avoid any potential repercussions.