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 delete from the list of exempt native specimens the following specimens and any associated notations:
- specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken in the Queensland Coral Fishery, as defined in the management regime in force under Queensland's Fisheries Act 1994 and Fisheries Regulation 2008.
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 responsibility 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 22 business days. All comments received were taken into account in the decision to delete specimens derived from the fishery out of the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment and biodiversity in Australia, particularly in relation to the regulation of activities that may have significant impacts on the environment. The Act provides a framework for the protection of native species and ecosystems, including through the regulation of trade in native specimens. The problem or gap that this legislation was introduced to address is the potential for overexploitation and illegal trade of native species, which can lead to declines in biodiversity and the extinction of species. The EPBC Act was enacted by the Parliament of Australia and its policy objective is to protect and conserve Australia's biodiversity and environment.
This legislation amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act. The amendment removes specimens derived from fish or invertebrates taken in the Queensland Coral Fishery from the list of exempt native specimens. This means that these specimens will now be subject to the trade control provisions that apply to regulated native specimens. The decision to amend the list was made following consultation with relevant stakeholders, including Fisheries Queensland, and after consideration of public comments. This legislative instrument is compatible with human rights and freedoms and commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons, entities, industries, conduct, and transactions related to environmental protection and biodiversity conservation in Australia. Specifically, this legislative instrument amends the List of Exempt Native Specimens in accordance with Section 303DC, impacting the trade control provisions for specimens derived from fish or invertebrates in the Queensland Coral Fishery. The jurisdictional reach of this Act is national, as it is administered by the Commonwealth and impacts all states and territories, while the specific exclusions involve specimens listed under Part 13 of the EPBC Act. The instrument was developed following consultation with relevant stakeholders, including Fisheries Queensland, and public comment was invited and considered before implementation. The legislative instrument is a formal amendment under the Legislative Instruments Act 2003, ensuring it adheres to established legal frameworks and does not infringe on human rights or freedoms as declared in international instruments.
Key Provisions
The key operative sections of this legislation pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB establishes the list of exempt native specimens, which are exempt from trade control provisions for regulated native specimens. The amendment, referenced in section 303DC, deletes certain specimens from this list. Subsection 303DC(3) requires the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant ministers and stakeholders before making amendments to the list, which was done in this instance with Fisheries Queensland. The instrument also mandates public consultation, which was conducted by advertising the proposal on the Department’s website and inviting comments for 22 business days.
The obligations imposed by this Act on the parties and entities it governs primarily revolve around compliance with the trade control provisions for regulated native specimens. The amendment means that specimens taken in the Queensland Coral Fishery, excluding those of species listed under Part 13 of the EPBC Act, are no longer exempt from these provisions. This imposes a duty on those involved in the trade of such specimens to adhere to the regulatory requirements set forth by the EPBC Act. It also places a responsibility on the Minister to ensure proper consultation and public engagement before making amendments to the list of exempt specimens.
Breaches of the amended provisions may result in various civil and criminal consequences. While the explanatory statement does not specify the exact offences or penalties, under the EPBC Act, unauthorised trade in native specimens can lead to significant fines and imprisonment. The maximum penalties can vary depending on the severity and intent of the breach, but they can include substantial fines and imprisonment terms for individuals and corporate entities found in violation of the Act’s trade control provisions. These consequences are intended to enforce compliance and protect the biodiversity and environmental interests governed by the Act.