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 include the following specimens in the list of exempt native specimens:
- 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 Queensland Blue Swimmer Crab Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994 and Fisheries Regulation 2008,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- 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.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery 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 fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment 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 the Environment consulted with the Queensland Department of Agriculture and Fisheries as the Queensland Department of Agriculture and Fisheries 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 the Environment’s website and comment was invited from interested people for a period of 22 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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 (EPBC Act) is a comprehensive piece of legislation enacted by the Australian Parliament to protect and conserve the environment and biodiversity. The Act aims to provide a framework for the assessment and approval of activities that may have a significant impact on the environment. In accordance with section 303DC of the EPBC Act, the Act allows for the listing of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens to include certain specimens derived from fish or invertebrates taken in the Queensland Blue Swimmer Crab Fishery, subject to specific conditions and restrictions. The policy objective of this amendment is to facilitate the export of these specimens without requiring export permits, while ensuring that the management of the fishery remains ecologically sustainable and complies with relevant legislation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens is a legislative instrument that amends the EPBC Act by adding certain specimens to the list of exempt native specimens. This amendment applies to specimens derived from fish or invertebrates taken in the Queensland Blue Swimmer Crab Fishery, provided these specimens are not from species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list of exempt native specimens exempts them from the trade control provisions that apply to regulated native specimens. This exemption is contingent on the specimens being taken lawfully and covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The Minister for the Environment consulted with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, and invited public comment before making this amendment. The legislative instrument came into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation (sections 303DC and 303DB) pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC allows for the inclusion of certain specimens in the list of exempt native specimens, while section 303DB specifies that specimens on this list are exempt from the trade control provisions applicable to regulated native specimens. This amendment adds specimens from the Queensland Blue Swimmer Crab Fishery, taken lawfully and covered by a declaration of an approved wildlife trade operation, to the list of exempt native specimens (subsection 303DC(3)).
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that the specimens derived from the fishery are taken lawfully, and that they are part of a declared approved wildlife trade operation. This means that any entity or individual involved in the trade of these specimens must adhere to the conditions set forth in the Act, such as ensuring the specimens were legally obtained and that the trade operation is approved under the EPBC Act. The Act also mandates consultation with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, and public consultation as part of the amendment process.
There are no explicit offences or penalties mentioned in the explanatory statement for breach of the provisions in this legislation. However, the EPBC Act generally provides for various civil and criminal penalties for breaches of its provisions. For example, unauthorised trade in native specimens can lead to fines and imprisonment under the EPBC Act. The maximum penalties for such offences can include substantial fines and imprisonment terms, depending on the nature and severity of the breach. It is important for parties involved in the trade of these specimens to comply with the conditions set out in the Act to avoid potential legal repercussions.