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 1 December 2004 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 Pilbara Fish Trawl Interim Managed 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 November 2013.
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 November 2013. The only effect of this amendment is to extend this date.
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 Western Australian Department of Fisheries as the Western Australian Department of Fisheries has management responsibilities 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.
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 was enacted to provide for the protection of the environment, particularly with respect to biodiversity and ecological processes, through a range of mechanisms including the regulation of trade in native specimens. The Act aims to achieve these objectives by establishing a framework for the sustainable use of biodiversity and the conservation of ecological communities and heritage. This legislation was introduced to address the need for a comprehensive approach to environmental protection and biodiversity conservation in Australia, ensuring that these critical areas are managed sustainably and in accordance with best practices. The Act is administered by the Parliament of Australia, reflecting the nation's commitment to environmental stewardship and the sustainable use of natural resources. The policy objective of the Act is to integrate biodiversity conservation and sustainable environmental practices into various sectors of the economy and governance.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, and this legislative instrument amends the list of exempt native specimens. Specifically, it modifies the conditions under which specimens of fish or invertebrates taken from the Pilbara Fish Trawl Interim Managed Fishery are exempt from trade controls. This change applies to all persons or entities involved in the export of these specimens, ensuring they remain compliant with the EPBC Act. The amendment applies nationally, but its primary impact is felt within the jurisdictional boundaries of the fishery. The amendment revokes existing conditions and imposes new ones, including that the specimens must be taken lawfully and are listed until 29 November 2013. The decision to amend the list was made with reference to the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant authorities, including the Western Australian Department of Fisheries, before making this amendment.
Key Provisions
The main operative sections of this legislation are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, including the imposition of conditions on the inclusion of certain specimens. In this case, the legislation revokes the conditions for specimens taken in the Pilbara Fish Trawl Interim Managed Fishery and imposes new conditions that these specimens must be taken lawfully and remain exempt until 29 November 2013. This amendment ensures that the export of these specimens can continue until the specified date.
The Act imposes specific obligations on parties involved in the trade of the exempted specimens. Firstly, any specimens that are or are derived from fish or invertebrates must be taken lawfully to be included in the list of exempt native specimens. This means that the catch must comply with all relevant fishing regulations and laws. Secondly, the specimens are only included in the list until 29 November 2013, after which they will no longer be exempt from trade controls. Parties must ensure compliance with these conditions to avoid any legal repercussions.
Failure to comply with the conditions imposed by this legislation can result in various consequences. While the legislation itself does not explicitly state penalties for non-compliance, breaches of the conditions could potentially lead to administrative, civil, or criminal actions under the EPBC Act. The EPBC Act includes provisions for offences related to the illegal trade of native specimens, which could result in fines or imprisonment. The maximum penalties for such offences can vary, but they may include fines of up to $1.1 million for corporations and $220,000 for individuals, along with potential imprisonment terms. Therefore, parties must adhere to the conditions to avoid these severe consequences.