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 include the following specimens in the list of exempt native specimens:
- 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, and
specimens that belong to taxa listed under section 303CA 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,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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 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 Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation aims to address the problem of unsustainable exploitation and management of biodiversity and ecosystems. The Act was introduced to fill a gap in comprehensive environmental protection by integrating biodiversity conservation with other environmental considerations. This legislative instrument, F2012L01909, amends the list of exempt native specimens under section 303DB of the EPBC Act, allowing certain specimens to be exempt from trade control provisions. Specifically, it includes specimens from fish or invertebrates taken in the Northern Territory Offshore Net and Line Fishery, provided they meet specific conditions such as lawful taking and being part of an approved wildlife trade operation. This amendment facilitates the continued export of these specimens without requiring export permits. The decision to include these specimens in the list was made after appropriate consultations and public consultation, ensuring alignment with the Australian Government’s guidelines for ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens according to Section 303DC introduces a significant change to the regulation of native specimens within the framework of the EPBC Act. This amendment applies to specimens that are or are derived from fish or invertebrates, which are included in the list of exempt native specimens, thereby exempting them from the trade control provisions applicable to regulated native specimens. The amendment is specifically tailored to 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, provided they are taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This change allows for the continued export of these specimens without the requirement of export permits, contingent on the ongoing validity of the approved wildlife trade operation declaration for the fishery. The amendment was made in consultation with relevant authorities and stakeholders, including the Northern Territory Department of Primary Industry and Fisheries, and followed public consultation, ensuring a balanced approach in managing ecological sustainability and trade regulations.
Key Provisions
The primary sections of this legislation, specifically Section 303DC, allow for the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The specimens that are added to the list are those that are or are derived from fish or invertebrates, excluding those that are from species listed under Part 13 of the EPBC Act or taxa listed under section 303CA. These specimens must have been taken in the Northern Territory Offshore Net and Line Fishery, as defined in the Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988. This amendment permits the continued export of these specimens without requiring export permits, provided they are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act.
The obligations imposed by this Act on the parties involved primarily revolve around the lawful taking of specimens and the necessity for them to be covered by a declaration of an approved wildlife trade operation. The specimens must be derived from a legally conducted fishery, and they must comply with the criteria established in the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' The Minister for Sustainability, Environment, Water, Population and Communities must consult relevant ministers and other stakeholders before making amendments to the list. Additionally, any proposal to amend the list must be advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website to invite comments from interested parties.
The legislation does not explicitly state offences, penalties, or specific civil or criminal consequences for breach of its provisions. However, any unlawful taking of specimens or failure to comply with the conditions set forth for export would likely be subject to the broader provisions of the EPBC Act, which could include substantial penalties for violations. These penalties could include fines or imprisonment, depending on the severity of the breach. It is important for parties to adhere strictly to the requirements to avoid potential legal ramifications.