EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the 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 Tasmanian Octopus Fishery.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the invertebrate from which it is derived, was taken lawfully.
- 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.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, as long as the wildlife trade operation (WTO) declaration is in force. The fishery must continue to operate in accordance with its WTO conditions or the WTO must be revoked. Should a fishery WTO expire or be revoked, the declaration will no longer apply and will be removed from the list of exempt native specimens. Export would no longer be permitted.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: The Hon David Llewellyn, Tasmanian Minister for Primary Industries and Water.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Tasmanian Department for Primary Industries, Water and Environment.
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/2006/014
Overview
The Environment Protection and Biodiversity Conservation Act 1999, as amended by F2006L02854, introduces an amendment to the list of exempt native specimens under Section 303DC, facilitating the export of certain specimens without the need for export permits. This legislative instrument was enacted to address the need for streamlined trade processes for native specimens derived from the Tasmanian Octopus Fishery, provided they meet specific conditions. The policy objective is to ensure that these specimens are exported legally and sustainably, as long as the wildlife trade operation declaration remains in force and the fishery adheres to its conditions. The inclusion of these specimens on the list is contingent upon their lawful acquisition and adherence to the conditions outlined in the approved Wildlife Trade Operation declaration. This amendment was enacted following consultations with relevant Ministers and departments, including the Tasmanian Department for Primary Industries, Water and Environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by the instrument F2006L02854, modifies the list of exempt native specimens, thereby impacting the trade control provisions applicable to regulated native specimens. This legislative instrument adds specimens derived from fish or invertebrates, specifically those taken in the Tasmanian Octopus Fishery, to the list of exempt native specimens, subject to certain conditions. The specimens must be lawfully taken, and the specimens or the invertebrates from which they are derived must be covered by an approved Wildlife Trade Operation declaration under section 303FN of the Act. This amendment permits the continued export of these specimens without requiring export permits, provided that the Wildlife Trade Operation declaration remains in effect and the fishery adheres to its conditions. Conversely, if the Wildlife Trade Operation declaration expires or is revoked, the specimens will no longer be exempt, and export permits will be required. The instrument applies to persons and entities involved in the trade of these specimens within Australia, and its jurisdictional reach encompasses the Commonwealth, state, and territory levels. This legislative instrument was formulated following consultations with relevant Ministers and departments, including the Tasmanian Minister for Primary Industries and Water and the Tasmanian Department for Primary Industries, Water and Environment.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions for a list of exempt native specimens (section 303DB). This particular legislative instrument amends this list by adding specimens derived from fish or invertebrates, taken in the Tasmanian Octopus Fishery, provided they do not belong to species listed under Part 13 of the EPBC Act (section 303DC). These additions to the list of exempt native specimens are contingent upon specific conditions. The specimens must have been taken lawfully, and they must be covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act.
This amendment imposes certain obligations on the parties involved. The Tasmanian Octopus Fishery must operate in compliance with the WTO declaration to maintain the exemption from trade control provisions. If the WTO expires or is revoked, the specimens will no longer be exempt from the export permit requirements. The fishery operators and relevant authorities must ensure that all specimens exported are documented as taken lawfully and that the WTO declaration remains in force. The Tasmanian Department for Primary Industries, Water and Environment plays a key role in overseeing and enforcing these conditions.
Failure to comply with the conditions set out in the WTO declaration could result in severe consequences. The primary concern is the potential loss of the exemption for the specimens, which would require export permits. If the WTO is revoked or expires, exports would no longer be permitted without proper authorisation. Additionally, any unlawful taking of specimens could lead to legal action under the EPBC Act. Although the maximum penalties are not specified in this legislative instrument, breaches of the EPBC Act generally attract significant civil and criminal penalties, which can include substantial fines and imprisonment.