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 23 November 2005 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 Deep Water Fin Fish 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 26 October 2012.
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 26 October 2012.
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 24 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.
Unique Identifying Number: EPBC303DC/SFS/2011/34
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for a unified approach to environmental protection and biodiversity conservation across Australia. One of the Act's mechanisms is the establishment of a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. The EPBC Act Amendment of the list of exempt native specimens in accordance with section 303DC seeks to revise the conditions under which certain specimens are exempt from trade controls. Specifically, it revokes previous conditions and imposes new ones, allowing continued export of specimens derived from fish or invertebrates taken in the Deep Water Fin Fish Fishery, provided they were taken lawfully and are included in the list until 26 October 2012. This amendment was made in consultation with relevant authorities, including Fisheries Queensland, and after inviting public comment. The policy objective is to ensure that the ecological sustainability of fisheries is maintained while facilitating lawful trade in certain native specimens.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument modifies the list of exempt native specimens, impacting the trade of certain specimens derived from fish or invertebrates taken in the Deep Water Fin Fish Fishery. This legislative instrument targets specimens exempt from the trade control provisions applicable to regulated native specimens, specifically those not belonging to species listed under Part 13 of the Act. The amendment revokes previous conditions and imposes new conditions that the specimens must be taken lawfully and remain exempt until 26 October 2012. This change facilitates continued exportation of these specimens until the specified date. The decision to include these specimens in the exempt list aligns with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders, including Fisheries Queensland, and invited public comment on the proposal, which was advertised on the Department's website. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the legislation, specifically section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the establishment and amendment of a list of exempt native specimens. Section 303DB sets out the criteria for including specimens in this list, exempting them from trade control provisions that apply to regulated native specimens. Section 303DC provides the authority for the Minister to amend this list and mandates the consultation process required before making such amendments. This instrument amends the conditions for specimens derived from the Deep Water Fin Fish Fishery by revoking previous conditions and imposing new ones that require the specimens to be taken lawfully and to remain on the exempt list until 26 October 2012. This change ensures continued export of these specimens until the specified date.
The Act imposes specific obligations on the parties involved. Primarily, it mandates that any specimens included in the list of exempt native specimens must be taken lawfully. This means that the harvesting and export of these specimens must comply with all applicable laws and regulations. Additionally, the Act requires that the Minister for Sustainability, Environment, Water, Population and Communities consult with relevant ministers and stakeholders before amending the list of exempt native specimens. In this instance, the Delegate consulted with Fisheries Queensland and invited public comment on the proposed changes, ensuring a thorough and inclusive decision-making process.
The legislation outlines potential consequences for breaches of its provisions. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally can lead to both civil and criminal penalties. Civil penalties can include fines, and in some cases, the Act allows for the recovery of costs associated with enforcement actions. Criminal penalties may also apply, which could result in substantial fines or imprisonment, depending on the severity of the breach. The maximum penalties are not specified in the explanatory statement but would be determined in accordance with the broader provisions of the EPBC Act and other relevant legislation. Compliance with the Act is therefore crucial to avoid these potential legal repercussions.