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 7 May 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 Timor Reef Fishery, as defined in the management regime in force under the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations 1993
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 August 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 August 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 Primary Industry and Fisheries as the Northern Territory Department of Primary 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.
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 introduced to address the need for comprehensive protection of the Australian environment, including its biodiversity, through a coordinated national framework. The Act was enacted by the Parliament of Australia, aiming to provide for the protection of the environment, particularly the nation's biodiversity, by controlling actions that have, or are likely to have, a significant impact on matters of national environmental significance. This includes providing mechanisms for the assessment and approval of activities that may affect the environment. The legislative instrument F2013L01471 amends the list of exempt native specimens under the EPBC Act, facilitating the continued export of certain fish and invertebrate specimens from the Northern Territory Timor Reef Fishery until 9 August 2018, provided they are taken lawfully. The instrument also reflects the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management arrangements for the fishery are assessed for ecological sustainability. The amendments were made following consultations with relevant authorities and public notice, ensuring transparency and compliance with the legislative requirements.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens under Section 303DC pertains to the management of native specimens, particularly those derived from fish or invertebrates, within the Northern Territory Timor Reef Fishery. This legislation applies to specimens taken within the defined parameters of the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations 1993, with an exception for species listed under Part 13 of the EPBC Act. The instrument exempts these specimens from the trade control provisions applicable to regulated native specimens, facilitating their export until 9 August 2018, provided they were lawfully taken. The Minister for Sustainability, Environment, Water, Population and Communities is mandated to consult relevant ministers and stakeholders before making amendments to the list, as outlined in Subsection 303DC(3) of the EPBC Act. This instrument, once registered, immediately commenced and is compatible with human rights and freedoms as declared in relevant international instruments.
Key Provisions
The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens (F2013L01471) focus on the exemption of certain fish and invertebrate specimens from trade control provisions. Specifically, section 303DC of the Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade controls that apply to regulated native specimens (section 303DB). The legislative instrument revokes conditions previously imposed on the inclusion of specimens derived from fish or invertebrates, taken in the Northern Territory Timor Reef Fishery, in the list of exempt native specimens. These specimens are exempt from trade control provisions provided they were taken lawfully and are included in the list until 9 August 2018.
The Act imposes specific obligations on the entities involved in the handling and export of these specimens. Firstly, it mandates that any specimens included in the list of exempt native specimens must have been taken lawfully, as per the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations 1993. This requirement ensures that the specimens derive from legal fishing activities. Secondly, the specimens are included in the list of exempt native specimens until 9 August 2018, thereby allowing continued export during this period.
There are no explicit offences, penalties, or civil/criminal consequences outlined in this legislative instrument for breaches of the provisions. However, it is implied that any failure to comply with the conditions of lawful taking could result in legal ramifications under the relevant fisheries legislation. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, does not engage any of the applicable rights or freedoms and is compatible with the human rights and freedoms recognised or declared in international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.