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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
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, without requiring export permits, as long as an approved wildlife trade operation declaration 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 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/2011/17
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. One of its provisions is Section 303DB, which facilitates the establishment of a list of exempt native specimens. These specimens are exempt from the trade control provisions that apply to regulated native specimens. In 2011, an amendment to the list of exempt native specimens was introduced to revoke certain conditions and impose new ones for specimens derived from fish or invertebrates, specifically from the Queensland East Coast Beche-de-mer Fishery. This change was implemented to ensure the continued export of these specimens without the need for export permits, provided that they are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The decision to amend the list was made in consultation with relevant stakeholders, including Fisheries Queensland, and in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument was registered on the Federal Register of Legislative Instruments and commenced on the day after registration.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, represented by the legislative instrument F2011L01517, pertains to specimens derived from fish or invertebrates taken in the Queensland East Coast Beche-de-mer Fishery, excluding those belonging to species listed under Part 13 of the Act. This amendment applies to all entities and individuals involved in the trade of these specimens, ensuring they are taken lawfully and are covered by an approved wildlife trade operation declaration. The amendment allows for the continued export of these specimens without the requirement of export permits, provided that the aforementioned conditions are met. The Act operates on a national level, administered by the Commonwealth, with the amendment process involving consultation with relevant state authorities, in this instance Fisheries Queensland, and public consultation as outlined in the EPBC Act. This legislative instrument aims to streamline the export process for these specimens while maintaining ecological sustainability as guided by the Australian Government’s ecological management guidelines.
Key Provisions
The main operative sections of this legislation, the F2011L01517 instrument, are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens which are not subject to trade control provisions applicable to regulated native specimens. Section 303DC allows the Minister to amend the list of exempt native specimens. In this instance, the Minister has revoked previous conditions and imposed new conditions on specimens derived from fish or invertebrates taken in the Queensland East Coast Beche-de-mer Fishery.
The Act imposes several obligations and requirements on the parties and entities it governs. First, the specimens must be taken lawfully. Second, 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. These conditions must be met in order for the specimens to remain exempt from trade control provisions and to be exported without the need for an export permit.
Breach of the conditions imposed by the Act may result in civil and criminal consequences. The maximum penalties for breaches of the EPBC Act are set out in section 466 of the Act. For corporations, the maximum penalty is $210,000 or three times the benefit obtained from the breach, whichever is the greater. For individuals, the maximum penalty is $42,000 or two years imprisonment, or both. In addition to these penalties, the Minister may also take enforcement action against persons or entities found to be in breach of the Act.
Overall, the F2011L01517 instrument seeks to facilitate the continued export of specimens derived from the Queensland East Coast Beche-de-mer Fishery, while ensuring that these exports are ecologically sustainable and do not harm the environment. The Act imposes conditions on the specimens that must be met in order for them to be exempt from trade control provisions and exported without the need for an export permit. Breach of these conditions may result in significant civil and criminal penalties.