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 2012;
- 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 Act and the Northern Territory Fisheries Regulations; 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 2012.
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/2011/31
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. One of the ways in which the EPBC Act addresses gaps in environmental protection is through the regulation of the trade of native specimens, including those derived from fish and invertebrates. The Act established a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislation was enacted by the Parliament of Australia to ensure comprehensive environmental protection mechanisms. This particular legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act to address the specific conditions under which specimens from the Northern Territory Offshore Net and Line Fishery can be included in the list of exempt native specimens. The policy objective is to facilitate the continued export of these specimens while ensuring that the management of the fishery aligns with ecologically sustainable practices, as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment pertains to the list of exempt native specimens, particularly those derived from fish or invertebrates taken in the Northern Territory Offshore Net and Line Fishery. This Act applies to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. The legislative amendment revokes existing conditions subject to the inclusion of these specimens in the list of exempt native specimens as of 30 November 2007, while simultaneously imposing new conditions. These new conditions require that the specimens were taken lawfully, remain included in the list until 28 September 2012, and that the Northern Territory Offshore Net and Line Fishery operates in accordance with the Northern Territory Fisheries Act and Regulations. Additionally, the Northern Territory Department of Resources must inform the Department of Sustainability, Environment, Water, Population and Communities of any changes to the fishery management arrangements that could impact the ecological sustainability criteria. This amendment ensures the continued export of these specimens until the specified date, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The legislative instrument under consideration amends the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the instrument revokes the conditions that were previously applied to the inclusion of certain specimens from the Northern Territory Offshore Net and Line Fishery in the list of exempt native specimens. The specimens in question are those derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. By revoking these conditions, the instrument aims to facilitate the continued export of these specimens until 28 September 2012. This change is contingent upon certain conditions, such as the specimens being taken lawfully, adherence to the Northern Territory Fisheries Act and its regulations, and the Northern Territory Department of Resources notifying the Department of Sustainability, Environment, Water, Population and Communities of any changes to the fishery management arrangements that could impact EPBC Act decisions.
The amended conditions outlined in the legislative instrument impose several obligations on the parties involved. Firstly, it is mandatory that the specimens or the fish and invertebrates from which they are derived must be taken in accordance with the law. This ensures that the specimens meet legal standards for their acquisition. Secondly, the specimens remain exempt from trade control provisions until 28 September 2012. This timeframe is crucial for planning and compliance purposes. Thirdly, the management of the Northern Territory Offshore Net and Line Fishery must comply with the Northern Territory Fisheries Act and its regulations, ensuring that the fishery operates within the legal framework. Lastly, the Northern Territory Department of Resources is obligated to inform the relevant federal department of any intended changes to the fishery management arrangements that could affect the ecological sustainability criteria used in EPBC Act decisions. This requirement ensures that any changes in the fishery management do not inadvertently contravene the objectives of the EPBC Act.
Failure to comply with the provisions and conditions set out in the legislative instrument may result in various consequences. While the instrument does not explicitly outline specific offences or penalties, breaches of the EPBC Act generally may lead to both civil and criminal penalties. For example, under Section 518 of the EPBC Act, a person found guilty of an offence against the Act may face a fine of up to $66,600 for individuals and $333,000 for bodies corporate. Furthermore, in cases of serious or repeated breaches, imprisonment for up to five years may be imposed. These penalties underscore the importance of adhering to the regulatory framework and the potential repercussions of non-compliance.