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 delete from the list of exempt native specimens the following specimens and any associated notations:
- 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.
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 Primary Industry and Fisheries as the Northern Territory Department of Primary Industry and Fisheries has management responsibility 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 23 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.
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 Amendment (Native Specimens) Instrument 2012 (F2012L01910) amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to modify the list of exempt native specimens under Section 303DB of the Act. This legislative instrument addresses the problem of excluding certain fish and invertebrate specimens taken in the Northern Territory Offshore Net and Line Fishery from the exemptions on trade controls. The enacting body for this amendment was the Minister for Sustainability, Environment, Water, Population and Communities, who was required to consult with relevant stakeholders before making changes to the list. The policy objective was to ensure that appropriate consultation and consideration of public feedback were incorporated into the decision-making process for this amendment. The instrument was made in accordance with the Legislative Instruments Act 2003 and was registered on the Federal Register of Legislative Instruments, coming into effect the day after registration.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity across Australia, and this amendment specifically addresses the list of exempt native specimens under Section 303DC. This legislative instrument pertains to specimens of fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, which were previously exempt from trade control provisions when taken from the Northern Territory Offshore Net and Line Fishery. This change means that such specimens are now subject to the same trade controls as regulated native specimens, thereby enhancing regulatory oversight over their trade. The amendment applies to all entities and persons involved in the trade of these specimens, including those operating within the Northern Territory's fisheries sector. The jurisdictional reach of this amendment is national, aligning with the overarching aims of the EPBC Act to manage and protect biodiversity across the Commonwealth of Australia. The legislative instrument was developed after appropriate consultation with relevant stakeholders, including the Northern Territory Department of Primary Industry and Fisheries, and public consultation was conducted to gather feedback on the proposed changes.
Key Provisions
The main operative sections of the legislation (F2012L01910) concern the modification of the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC details the process by which certain specimens are removed from the list of exempt native specimens. This means that the specimens, which are or are derived from fish or invertebrates taken in the Northern Territory Offshore Net and Line Fishery, will no longer be exempt from the trade control provisions that apply to regulated native specimens, unless they belong to species listed under Part 13 of the EPBC Act.
The obligations and requirements imposed by this Act are multifaceted. Firstly, the Minister for Sustainability, Environment, Water, Population and Communities, or their delegate, must consult with relevant ministers and stakeholders before making any amendments to the list of exempt native specimens. In this particular case, the Delegate consulted with the Northern Territory Department of Primary Industry and Fisheries. Furthermore, the proposal to amend the list must be advertised on the Department’s website, inviting comments from interested parties for a specified period. All comments received must be considered in the final decision-making process. This ensures that the changes to the list are made with appropriate consultation and consideration of stakeholder input.
The legislation also outlines specific consequences for any breaches. Although the explanatory statement does not explicitly detail criminal or civil penalties, the general framework of the EPBC Act implies that unauthorised trade of specimens not listed as exempt may lead to various legal repercussions. These could include fines and imprisonment as stipulated elsewhere in the Act. Additionally, the Act asserts that the legislative instrument is compatible with human rights and freedoms as recognised in international instruments, underscoring the importance of adhering to legal and ethical standards in the implementation of these provisions.