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 25 September 2012 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, 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 forces 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, and
- the specimens are included in the list until 23 September 2016.
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 23 September 2016. The only effect of this amendment is to extend this date.
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 the Environment 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 the Environment consulted with the Northern Territory Department of Primary Industry and Fisheries as the Northern Territory Department of Primary Industry and Fisheries 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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
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 the biodiversity, and to mitigate the impact of human activities on the environment. The EPBC Act Amendment of the List of Exempt Native Specimens, introduced in 2015, aimed to address the need for streamlined trade regulations for certain native fish and invertebrate specimens derived from the Northern Territory Offshore Net and Line Fishery. This amendment was made to ensure that these specimens could continue to be exported without the stringent trade controls that apply to regulated native specimens, provided they meet specific criteria and are taken lawfully. The amendment extended the exemption period for these specimens until 23 September 2016, in line with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The policy objective was to balance the ecological sustainability of the fishery with the need for economic activity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens applies to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act and those belonging to taxa listed under section 303CA of the EPBC Act. This amendment specifically pertains 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. The amendment revokes previous conditions attached to the inclusion of these specimens in the list of exempt native specimens and imposes new conditions that the specimens must be taken lawfully and remain on the list until 23 September 2016. The geographic reach of this legislation is within the Commonwealth and the Northern Territory, affecting the fishery management within these jurisdictions. The amendment was made in consultation with relevant stakeholders, including the Northern Territory Department of Primary Industry and Fisheries, and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The main operative sections of this legislation concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). The legislation revokes the conditions to which the inclusion of certain fish and invertebrate specimens in the list of exempt native specimens is subject, and imposes new conditions. Specifically, specimens 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, are included in the list until 23 September 2016, provided they were taken lawfully. The decision to include these specimens in the list was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
The Act imposes several obligations on the parties and entities it governs. Firstly, the Minister for the Environment is required to consult with relevant Commonwealth ministers, state ministers, and other persons or organisations deemed appropriate before amending the list of exempt native specimens (Section 303DC(3)). In this instance, the Delegate of the Minister for the Environment consulted with the Northern Territory Department of Primary Industry and Fisheries due to their management responsibilities for the fishery concerned. Secondly, the Act requires that any specimens included in the list of exempt native specimens must have been taken lawfully.
Failure to comply with the provisions of this Act may result in civil or criminal consequences. However, the legislation does not specify the exact nature of these consequences or any associated penalties. It is important to note that the Act does not raise any human rights issues, as indicated in the Statement of Compatibility.
In summary, the key provisions of this legislation involve the amendment of the List of Exempt Native Specimens under the EPBC Act, imposing new conditions on the inclusion of certain fish and invertebrate specimens taken in the Northern Territory Offshore Net and Line Fishery. The Act requires consultation with relevant authorities and ensures that only lawfully taken specimens are included in the list. While the legislation does not specify penalties for non-compliance, it is clear that breaches may result in civil or criminal consequences.