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 Commercial Crayfish and Rocklobster 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 included in the list until 17 December 2015.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 17 December 2015.
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 Fisheries Queensland as Fisheries Queensland 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 Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 26 business days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on 21 December 2010.
Unique Identifying Number: EPBC303DC/SFS/2010/69
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including native species, through a framework that facilitates ecologically sustainable development. One of the mechanisms under this Act is the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument, introduced in 2010, aims to amend the List of Exempt Native Specimens by including certain specimens derived from fish or invertebrates taken in the Queensland Commercial Crayfish and Rocklobster Fishery, subject to specific conditions and restrictions. This amendment was made in consultation with relevant stakeholders, including Fisheries Queensland, and aims to facilitate the continued export of these specimens until a specified date, while ensuring compliance with the Australian Government’s guidelines for ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to specimens of fish or invertebrates derived from the Queensland Commercial Crayfish and Rocklobster Fishery, as defined under the Queensland Fisheries Act 1994 and Fisheries Regulation 2008. These specimens are exempt from trade control provisions that apply to regulated native specimens, provided they were taken lawfully and are included in the list until 17 December 2015. This exemption is subject to the condition that the specimens do not belong to species listed under Part 13 of the EPBC Act. The amendment extends to the Commonwealth jurisdiction, and the decision to include these specimens in the list was made after consultation with Fisheries Queensland and a public comment period on the Department of Sustainability, Environment, Water, Population and Communities’ website. The legislative instrument commenced on 21 December 2010.
Key Provisions
The primary 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 that apply to regulated native specimens. Section 303DC allows the Minister for Sustainability, Environment, Water, Population and Communities to amend this list through legislative instruments. This particular instrument amends the list to include specimens of fish and invertebrates from the Queensland Commercial Crayfish and Rocklobster Fishery, taken in accordance with the Queensland Fisheries Act 1994 and Fisheries Regulation 2008, provided they are not from species listed under Part 13 of the EPBC Act. The inclusion is subject to the conditions that the specimens were taken lawfully and are included in the list until 17 December 2015.
The Act imposes several obligations on parties involved in the trade of these specimens. Firstly, any specimens included in the list must be taken lawfully, meaning they must comply with all relevant fisheries laws and regulations. Secondly, the Minister for Sustainability, Environment, Water, Population and Communities must consult with appropriate state and territory ministers and other relevant persons and organisations before amending the list of exempt native specimens. In this instance, the Delegate of the Minister consulted with Fisheries Queensland, which has management responsibilities for the fishery concerned. Additionally, the proposal was advertised on the Department’s website, inviting comments from interested parties for 26 business days, although no comments were received.
Breach of the provisions in the EPBC Act can result in various consequences. Specifically, the unlawful taking or trade of specimens can lead to civil or criminal penalties, depending on the severity of the offence. The exact penalties for breaches are not specified in the explanatory statement but would typically be outlined in the EPBC Act itself. For example, unauthorised trade of regulated native specimens can lead to fines and imprisonment, with the maximum penalties varying based on the specific provisions breached and the circumstances of the offence. The inclusion of specimens in the list of exempt native specimens is intended to facilitate lawful trade until the specified date, 17 December 2015, after which these specimens would again be subject to the trade control provisions unless further amended.