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 22 December 2004 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 Queensland East Coast Beche-de-mer 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 22 July 2011.
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 22 July 2011.
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 21 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/2011/14
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. This includes the conservation of biodiversity, ecological processes, and heritage places. The Act addresses the gap in environmental protection by establishing a framework for the sustainable management of activities that may impact the environment. The Australian Parliament enacted this legislation to ensure the protection of the environment and to provide for the regulation of activities that could harm it. In this context, the EPBC Act aims to balance economic development with environmental conservation.
The legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act. It revokes the previous conditions for specimens derived from fish or invertebrates taken in the Queensland East Coast Beche-de-mer Fishery, subject to certain criteria, and imposes new conditions for their inclusion in the list. The amendment allows for the continued export of these specimens until 22 July 2011, while ensuring that they are taken lawfully. The decision to amend the list was made after consultation with relevant stakeholders, including Fisheries Queensland, and public comments were considered before finalizing the amendment.
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 specifically to specimens that are or are derived from fish or invertebrates taken within the Queensland East Coast Beche-de-mer Fishery, with the exception of those specimens belonging to species listed under Part 13 of the Act. This legislative instrument targets the trade control provisions by exempting these specimens from the regulated native specimens category, thereby facilitating their continued export until 22 July 2011. The exemption is subject to the condition that the specimens must be lawfully taken and the exemption remains in effect until the specified date. This change is grounded in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the fishery management arrangements. The amendment process involved consultation with Fisheries Queensland and the public, as mandated by the EPBC Act, reflecting a balanced approach to environmental protection and industry needs.
Key Provisions
The main operative sections of this legislation (sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) pertain to the establishment and amendment of the list of exempt native specimens. Section 303DB establishes the framework for including specimens in the list, while section 303DC details the procedure for amending this list. This particular legislative instrument revokes existing conditions and imposes new conditions on specimens derived from fish or invertebrates in the Queensland East Coast Beche-de-mer Fishery. Specifically, it removes the previous conditions and states that these specimens are exempt from trade control provisions, provided they were taken lawfully and are included in the list until 22 July 2011. This amendment allows for continued exportation of these specimens within the specified timeframe.
The Act imposes several obligations on parties and entities governed by it. Firstly, any specimens included in the list of exempt native specimens must meet the specified criteria, such as being lawfully taken and derived from permitted species. Additionally, any person or entity involved in the export of these specimens must ensure compliance with the conditions set forth by the Act. This includes maintaining records and documentation that demonstrate lawful acquisition and export of the specimens. The Act also mandates consultation with relevant stakeholders, such as Fisheries Queensland, and requires public consultation by advertising the proposal on the Department of Sustainability, Environment, Water, Population and Communities’ website.
Failure to comply with the provisions of the Act can result in various civil and criminal consequences. Offences under the Environment Protection and Biodiversity Conservation Act 1999 can lead to substantial penalties. For instance, individuals or corporations found guilty of illegal trade in native specimens may face fines of up to $222,200 for a corporation or $44,400 for an individual, along with potential imprisonment terms. The maximum penalties underscore the seriousness with which the Act treats violations, ensuring that there are significant deterrents against non-compliance. Additionally, breaches of the Act can also result in civil actions, where affected parties may seek damages or injunctions to enforce compliance.