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 8 February 2008 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 Spanish Mackerel Fishery, as defined in the Northern Territory Spanish Mackerel Fishery Management Plan 2005 in force under the Northern Territory Fisheries Regulations 1993 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 9 February 2018.
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 9 February 2018.
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 Industry and Fisheries as the Northern Territory Department of Industry and Fisheries 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 at least 20 business days. No comments were received.
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 to address the need for a comprehensive framework to protect and manage the environment, particularly in relation to biodiversity conservation and the regulation of activities that may have a significant impact on the environment. This Act, administered by the Australian Parliament, aims to ensure the protection of Australia's biodiversity and the ecological processes that sustain it, as well as to regulate activities that may have a significant impact on the environment. The legislative instrument F2013L00152 amends the List of Exempt Native Specimens under section 303DC of the EPBC Act, revoking previous conditions and imposing new ones to allow continued export of certain fish and invertebrate specimens from the Northern Territory Spanish Mackerel Fishery until 9 February 2018. This change was made following consultations with relevant authorities and public consultation, and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to specimens of fish or invertebrates taken in the Northern Territory Spanish Mackerel Fishery, excluding those derived from species listed under Part 13 of the EPBC Act. This amendment ensures these specimens are exempt from the trade control provisions applicable to regulated native specimens, allowing for their lawful export until 9 February 2018. The legislative instrument revokes the previous conditions attached to their inclusion in the list of exempt specimens and imposes new conditions that the specimens must be taken lawfully and be included in the list until the specified date. The decision to amend the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fishery’s management aligns with ecological sustainability criteria. The amendment process involved consultation with relevant authorities, including the Northern Territory Department of Industry and Fisheries, and public notification on the Department of Sustainability, Environment, Water, Population and Communities’ website.
Key Provisions
The primary operative sections of this legislation are Sections 303DC and 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC authorises the Minister to amend the List of Exempt Native Specimens, while Section 303DB defines the criteria for establishing this list. The legislation revokes the existing conditions for specimens from the Northern Territory Spanish Mackerel Fishery and replaces them with new conditions that allow continued export of these specimens until 9 February 2018, provided the specimens were taken lawfully.
The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that specimens from the Northern Territory Spanish Mackerel Fishery must be taken lawfully to qualify for exemption. This ensures that the trade of these specimens is conducted within legal boundaries and does not contribute to illegal fishing practices. Secondly, the inclusion of these specimens in the list of exempt native specimens is conditional and time-limited, with the exemption expiring on 9 February 2018. This temporal limitation ensures that the ecological sustainability of the fishery can be reviewed and managed over a specific period. Additionally, the Act requires consultation with relevant stakeholders, such as the Northern Territory Department of Industry and Fisheries, and allows for public comment on proposed amendments.
Breaches of the provisions outlined in this legislation can lead to civil and criminal consequences. Although specific penalties are not detailed in the explanatory statement, violations of the EPBC Act generally result in substantial penalties. For instance, unauthorised trade of native specimens can incur significant fines and, in severe cases, imprisonment. The Act's provisions are designed to enforce compliance and protect the ecological sustainability of fisheries, ensuring that any breaches are met with appropriate legal action. The penalties serve as a deterrent against illegal activities and reinforce the importance of adhering to the conditions set forth in the legislation.