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 on 13 January 2005 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 Act, taken in the Northern Territory Trepang Fishery,
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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
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, without requiring export permits, as long as an approved wildlife trade operation declaration is in force.
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 Northern Territory Department of Resources 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 23 business days. No comments were received.
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/2011/19
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect the environment, particularly in relation to biodiversity conservation. This legislation provides for the establishment of mechanisms to control the trade of native specimens, with certain exceptions outlined in the Act. The Act was introduced by the Parliament of Australia to ensure the protection and sustainable management of the nation's biodiversity. The policy objective is to manage the impact of activities on the environment and biodiversity through the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance. In accordance with Section 303DC, this legislative instrument amends the list of exempt native specimens by revoking previous conditions and imposing new conditions that ensure the continued export of specimens derived from fish or invertebrates, provided they are taken lawfully and are covered by a declaration of an approved wildlife trade operation. This amendment facilitates the export process without requiring export permits, subject to compliance with the specified conditions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument, identified as F2011L01584, pertains specifically to the revision of the list of exempt native specimens under section 303DC of the Act. This legislative instrument targets specimens derived from fish or invertebrates taken in the Northern Territory Trepang Fishery, excluding those belonging to species listed under Part 13 of the Act. The amendment aims to ensure that these specimens remain exempt from trade control provisions applicable to regulated native specimens, facilitating their continued export without the necessity of export permits. This exemption is contingent upon two conditions: the specimens or the fish or invertebrate from which they are derived must have been taken lawfully, and they must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This legislative change applies across the Commonwealth of Australia, and it was enacted after appropriate consultation with relevant stakeholders, including the Northern Territory Department of Resources, and public consultation. The instrument's enactment follows the guidelines for ecologically sustainable management of fisheries, ensuring that the ecological sustainability of the relevant fisheries management arrangements is maintained.
Key Provisions
The main operative sections of this legislation (F2011L01584) involve amending the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC allows for the creation of a list of exempt native specimens, which are then exempt from trade control provisions applicable to regulated native specimens. This instrument revokes the conditions imposed on specimens of fish or invertebrates, excluding those from species listed under Part 13 of the Act, taken in the Northern Territory Trepang Fishery. Instead, it imposes new conditions for specimens to be included in the list: they must be derived from fish or invertebrates taken lawfully, and they must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act in relation to the fishery. This change ensures continued export of these specimens without requiring export permits, provided an approved wildlife trade operation declaration is in effect.
The obligations and requirements imposed by this legislation pertain to ensuring that the specimens meet the newly imposed conditions. Specifically, the specimens or the fish or invertebrate from which they are derived must have been taken lawfully, and they must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. This means that entities involved in the trade of these specimens must comply with the legal requirements for taking the specimens and must have the appropriate declarations in place to facilitate the export process. Additionally, the Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant stakeholders, such as the Northern Territory Department of Resources, before making any amendments to the list.
Failure to comply with the conditions set out in the legislation may result in various consequences. Although the legislation does not explicitly state specific offences, penalties, or maximum penalties, it is reasonable to infer that breaches of the EPBC Act, including violations related to the trade of native specimens, could lead to civil or criminal penalties. The EPBC Act generally provides for offences such as unauthorised trade in native specimens, which could result in substantial fines and potential imprisonment. Therefore, entities must ensure strict adherence to the conditions to avoid legal repercussions.