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 include 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 New South Wales Ocean Trawl Fishery, as defined in the Fishery Management Strategy for the Ocean Trawl Fishery made under the New South Wales Fisheries Management Act 1994.
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 specimens are included on the list until 28 February 2009.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 28 February 2009.
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 must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organizations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the New South Wales Minister for Primary Industries and the Department of Primary Industries as the Minister and Department have management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 21 days. All comments received were taken into account in the decision to include the fishery on the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commences on 28 November 2008.
Unique Identifying Number: EPBC303DC/SFS/2008/32
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. One of the mechanisms under the EPBC Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation measures across Australia, ensuring that significant environmental impacts are managed effectively. The Parliament of Australia enacted this legislation to provide a robust legal framework for protecting the environment, including the sustainable management of native species. This particular legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act to include certain fish and invertebrate specimens from the New South Wales Ocean Trawl Fishery, subject to specific conditions. The policy objective behind this amendment is to facilitate the continued export of these specimens until 28 February 2009 while ensuring that the management of the fishery remains ecologically sustainable, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, represented by instrument F2008L04453, pertains to specimens derived from fish or invertebrates taken in the New South Wales Ocean Trawl Fishery. These specimens, excluding those belonging to species listed under Part 13 of the EPBC Act, are exempted from trade control provisions applicable to regulated native specimens, provided they are taken lawfully and are listed until 28 February 2009. The inclusion of these specimens on the list of exempt native specimens is a result of consultation with relevant stakeholders, including the New South Wales Minister for Primary Industries and the Department of Primary Industries, as well as public consultation via the Department of the Environment, Water, Heritage and the Arts' website. The amendment is made under subsection 303DC(3) of the EPBC Act, which mandates consultation with appropriate ministers and entities before modifying the list of exempt native specimens. This legislative instrument is effective from 28 November 2008 and is subject to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The key operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) through Section 303DC. The instrument specifically targets specimens that are or are derived from fish or invertebrates taken in the New South Wales Ocean Trawl Fishery, provided they are not species listed under Part 13 of the EPBC Act. These specimens are exempted from trade control provisions and included on the list of exempt native specimens until 28 February 2009, subject to certain conditions (Section 303DC(3)). This exemption facilitates the continued export of these specimens until the specified date.
The Act imposes several obligations and requirements on the parties involved. Primarily, it mandates that the specimens must be taken lawfully, ensuring compliance with existing fisheries regulations. Additionally, the Minister for Environment, Heritage and the Arts is required to consult relevant stakeholders, including the New South Wales Minister for Primary Industries and the Department of Primary Industries, before making amendments to the list. The proposal to amend the list must also be advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting comments from interested parties for a period of 21 days. All comments received must be considered in the decision-making process.
The legislation outlines specific consequences for breaches of its provisions. Although the explanatory statement does not explicitly detail offences, penalties, or specific civil or criminal consequences for breach, the overarching framework of the EPBC Act implies that any violations of the trade control provisions or unlawful activities related to the specimens could lead to enforcement actions. These could include fines, imprisonment, or other penalties as prescribed by the relevant sections of the EPBC Act. The maximum penalties would depend on the nature and severity of the breach, consistent with the broader regulatory framework governing environmental protection and biodiversity conservation in Australia.