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 (Australia’s CITES list)
taken in the Queensland East Coast Inshore Fin Fish Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994,
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 included in the list until 1 October 2015.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until 1 October 2015.
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 the Environment 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 the Environment consulted with the Queensland Department of Agriculture, Fisheries and Forestry as the Queensland Department of Agriculture, Fisheries and Forestry 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 the Environment’s website and comment was invited from interested people for a period of 57 business days. 4887 submissions were received and taken into consideration in preparing this instrument.
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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the biodiversity, by managing the impacts of activities and species on the environment. The Act includes provisions for the creation of a list of exempt native specimens to facilitate trade while ensuring ecological sustainability. Section 303DB of the EPBC Act allows for the establishment of such a list, exempting certain specimens from the trade control provisions applicable to regulated native specimens. This legislative instrument amends the list of exempt native specimens under Section 303DC to include specimens derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery, subject to certain conditions. The inclusion of these specimens is contingent upon their lawful acquisition and is valid until 1 October 2015. This amendment aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the trade of these specimens does not compromise ecological sustainability. The decision to amend the list involved consultation with relevant stakeholders, including the Queensland Department of Agriculture, Fisheries and Forestry, and public submissions were considered before finalising the instrument.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens according to Section 303DC pertains to the inclusion of certain specimens in the list of exempt native specimens. These specimens include those derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Act 1994. However, specimens belonging to species listed under Part 13 of the EPBC Act and those listed under section 303CA of the EPBC Act (Australia’s CITES list) are excluded from this exemption. The inclusion of these specimens in the list of exempt native specimens is subject to conditions such as lawful capture and is applicable until 1 October 2015. The decision to include these specimens was made in line with the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. Before amending the list, the Minister for the Environment consulted with relevant Queensland authorities and invited public comment on the proposal, which was advertised on the Department of the Environment’s website. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation, specifically section 303DC, provide for the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC allows the Minister for the Environment to add or remove specimens from the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument includes specimens that are or are derived from fish or invertebrates, taken in the Queensland East Coast Inshore Fin Fish Fishery, within the list of exempt native specimens. These specimens are exempt from the trade control provisions until 1 October 2015, subject to certain conditions.
The obligations and requirements imposed by this legislation on the parties or entities it governs include the condition that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully. Additionally, the inclusion of the specimens in the list of exempt native specimens is subject to the aforementioned conditions and restrictions. The Minister for the Environment must consult with relevant stakeholders, such as the Queensland Department of Agriculture, Fisheries and Forestry, and invite public comment before amending the list. This ensures that the decision-making process is transparent and inclusive.
The legislation does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. However, it is implied that any breach of the conditions or restrictions on the inclusion of specimens in the list of exempt native specimens could result in legal consequences. The EPBC Act itself provides for various offences and penalties related to the unauthorised trade of native specimens, which could be applicable in the event of a breach. The maximum penalties for such offences can vary depending on the specific circumstances and the provisions of the EPBC Act.