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 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 included in the list until 29 June 2011.
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 29 June 2011.
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 responsibility 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/2010/59
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 addresses the need for a comprehensive framework to manage and protect biodiversity and ecological processes, including the regulation of trade in native specimens. In 2010, an amendment to the list of exempt native specimens was introduced in accordance with Section 303DC of the EPBC Act. This legislative instrument was developed under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, and it involved consultation with relevant stakeholders, including the Northern Territory Department of Resources. The amendment aims to facilitate the continued export of certain fish and invertebrate specimens from the Northern Territory Trepang Fishery until 29 June 2011, provided they were taken lawfully and do not belong to species listed under Part 13 of the Act. The amendment also imposes specific conditions on the inclusion of these specimens in the list, reflecting 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 under Section 303DC pertains specifically to the specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, that are taken within the Northern Territory Trepang Fishery. This legislative instrument aims to modify the conditions attached to these specimens being included in the list of exempt native specimens, thereby exempting them from the trade control provisions applicable to regulated native specimens. The primary purpose is to facilitate the continued export of these specimens until 29 June 2011, subject to the conditions that the specimens must be taken lawfully and must remain in the list until the specified date. The decision to amend the list is grounded on the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the fisheries management arrangements is considered. This legislative instrument is a statutory creation under the Legislative Instruments Act 2003 and became effective the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation concern the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This instrument revokes existing conditions and imposes new ones on specimens included in the list, specifically those fish or invertebrate specimens taken in the Northern Territory Trepang Fishery, except for those belonging to species listed under Part 13 of the Act (Section 303DB). The new conditions require that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully and that the specimens are included in the list until 29 June 2011. This change allows for continued export of these specimens until the specified date. The decision to include these specimens in the list was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which establish criteria for assessing the ecological sustainability of fisheries management arrangements.
The Act imposes several obligations on the parties involved, particularly those managing or participating in the Northern Territory Trepang Fishery. Firstly, it mandates that any specimens included in the list must be derived from lawful catches. This requirement ensures that the trade of these specimens complies with legal standards and does not contribute to illegal fishing activities. Secondly, it stipulates that the specimens will remain on the list of exempt native specimens until 29 June 2011. This timeframe sets a clear limit on the duration of the exemption, ensuring that the ecological impact of the fishery is regularly reviewed and managed within the prescribed period.
The legislation also outlines potential consequences for non-compliance. Although the specific offences, penalties, or consequences for breach are not detailed in the explanatory statement, breaches of provisions under the EPBC Act can generally lead to civil or criminal penalties. For example, unauthorised trade of native specimens can result in fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they can include substantial fines and imprisonment terms as outlined in the Act. The Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before making any amendments to the list of exempt native specimens. In this case, the consultation involved the Northern Territory Department of Resources due to their management responsibilities over the fishery.