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, and
specimens that belong to taxa listed under section 303CA of the EPBC Act,
taken in the Queensland Coral Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994 and Queensland 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 continued export of these specimens 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 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 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.
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 provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation aims to address the gap in regulatory frameworks concerning the sustainable management and trade of native biological resources. The Parliament of Australia introduced this Act to establish a comprehensive framework for environmental protection and biodiversity conservation. The policy objective of the Act is to ensure that development and other activities do not significantly impact the environment or biodiversity, including native species and their habitats. This legislative instrument amends the list of exempt native specimens under the EPBC Act to include certain fish and invertebrate specimens taken in the Queensland Coral Fishery, subject to specific conditions to ensure sustainable and lawful management of these resources.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as established by F2012L01376, pertains to specimens of fish and invertebrates taken within the Queensland Coral Fishery, as governed by the Queensland Fisheries Act 1994 and Queensland Fisheries Regulation 2008. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they meet certain criteria: they must not belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the same Act, and they must have been taken lawfully. Furthermore, the specimens must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. The inclusion of these specimens in the list of exempt native specimens facilitates their continued export, subject to the conditions outlined above. This amendment was made following consultations with relevant parties, including Fisheries Queensland, and public consultation, ensuring adherence to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The primary sections of this legislative instrument (F2012L01376) amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding certain specimens to the list of exempt native specimens (section 303DB). Specifically, specimens of fish or invertebrates taken in the Queensland Coral Fishery, as defined under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008, are included in this list (section 303DC). However, this exemption does not apply to specimens that belong to species listed under Part 13 of the EPBC Act or to taxa listed under section 303CA of the EPBC Act. The inclusion of these specimens in the list of exempt native specimens is conditional on their lawful taking and the coverage of a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act.
The obligations imposed by this legislative instrument primarily revolve around the conditions for the exemption. Entities and individuals involved in the trade of these specimens must ensure that the specimens were taken lawfully, adhering to the relevant Queensland fisheries laws. Furthermore, they must be covered by a declaration of an approved wildlife trade operation. This declaration signifies that the operation meets the standards set forth in the EPBC Act, ensuring that the trade of these specimens does not negatively impact the conservation of biodiversity. Compliance with these conditions is crucial to maintain the exemption status of these specimens under the EPBC Act.
In terms of consequences for non-compliance, the Act does not explicitly state specific offences, penalties, or consequences for breaches of the conditions set forth in this legislative instrument. However, violations of the EPBC Act in general can result in substantial civil and criminal penalties. For instance, breaches of the trade control provisions, which these exemptions are designed to avoid, can lead to fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be significant. Therefore, entities and individuals must ensure strict adherence to the conditions to avoid any potential legal repercussions.