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 (the EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- The specimen is included on the list until 11 February 2013.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next five years.
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.
In accordance with section 303DC of the EPBC Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Chris Natt MLA, Minister for Primary Industry, Fisheries and Mines.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the EPBC Act. This extended to the Northern Territory Department of Primary Industry, Fisheries and Mines.
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: EBPC303DC/SFS/2008/03
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. This Act, through its various provisions, aims to ensure that the federal government can effectively manage and regulate activities that may impact on Australia's environment. One such provision is section 303DB, which allows for the establishment of a list of exempt native specimens. This legislative instrument amends the list of exempt native specimens under section 303DC of the EPBC Act, adding certain fish and invertebrate specimens taken in the Northern Territory Spanish Mackerel Fishery, as defined in the Northern Territory Spanish Mackerel Fishery Management Plan 2005. These additions are subject to conditions, including the lawful taking of the specimens and a limited inclusion period until 11 February 2013. The changes aim to facilitate continued export of these specimens while adhering to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list was made following consultations with relevant ministers and departments, ensuring compliance with the EPBC Act and related regulations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument pertains to the inclusion of specific native specimens within the list of exempt native specimens under the Act, thereby exempting them from the trade control provisions applicable to regulated 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, and taken within the Northern Territory Spanish Mackerel Fishery. These specimens are listed as exempt for a defined period, until 11 February 2013, contingent on the conditions that they were taken lawfully and remain subject to the regulatory framework outlined in the Northern Territory Spanish Mackerel Fishery Management Plan 2005, the Northern Territory Fisheries Regulations 1993, and the Northern Territory Fisheries Act 1988. This amendment facilitates the continued export of these specimens, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability criteria are met. The instrument applies to all relevant parties involved in the specified fishery, including stakeholders within the Commonwealth, state, and territory jurisdictions, and it commenced on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment, as detailed in F2008L00325, are sections 303DB and 303DC. Section 303DB establishes a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. This amendment adds specific specimens to this list, subject to certain conditions. Section 303DC facilitates the addition of specimens to this list and requires consultation with relevant Ministers and departments. The amendment specifies that specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the Northern Territory Spanish Mackerel Fishery, will be exempt until 11 February 2013. This addition to the list allows for the continued export of these specimens during the specified period.
The Act imposes several obligations on parties involved in the trade of these specimens. Firstly, the specimens must be derived from fish or invertebrates taken in the Northern Territory Spanish Mackerel Fishery, as defined in the Northern Territory Spanish Mackerel Fishery Management Plan 2005, under the Northern Territory Fisheries Regulations 1993 and the Northern Territory Fisheries Act 1988. Additionally, the specimens or the fish or invertebrate from which they are derived must have been taken lawfully. These obligations ensure that the trade of these specimens complies with both fisheries management plans and biodiversity conservation laws.
There are no specific offences, penalties, or civil/criminal consequences outlined for breach of these provisions in the explanatory statement. However, it is implicit that any breach of the conditions for exemption, such as illegal taking of specimens or non-compliance with the specified notations, could lead to legal consequences under the EPBC Act. This might include penalties for illegal trade, fines, or other enforcement actions as prescribed by the Act. The exact nature and severity of these penalties would be determined in accordance with the broader provisions of the EPBC Act and any applicable regulations.