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 (the EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included on 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 to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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, taken in the Queensland East Coast Inshore Fin Fish Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008.
The inclusion of the specimens in the list is subject to the following notations:
- 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 on the list of exempt native specimens will allow continued export of these specimens while a Wildlife Trade Operation for the Torres Strait Prawn Fishery remains in force
In determining to include the specimens in the list of exempt native specimens regard was had to the Australian Government 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 must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organizations as the Minister considers appropriate. In this instance, the Minister for Environment, Heritage and the Arts consulted with the Queensland Minister for Primary Industries and Fisheries as the Minister has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the DEWHA website and comment was invited from interested people for a period of 26 days. All comments received were taken into account in the decision to include the fishery on 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/2009/02
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, particularly in relation to biodiversity conservation and the regulation of activities that may have a significant impact on the environment. This legislation was introduced by the Australian Parliament to ensure that the ecological sustainability of the nation's natural resources is maintained and that the trade of native specimens is controlled in a manner that safeguards biodiversity. Under the Act, the Minister for the Environment is empowered to establish a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument F2009L00732, registered on the Federal Register of Legislative Instruments, amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act to include certain fish and invertebrate specimens taken in the Queensland East Coast Inshore Fin Fish Fishery, subject to specific conditions and notations. This amendment was made following consultation with relevant stakeholders and public consultation, aligning with the policy objectives of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment Instrument F2009L00732 pertains to the inclusion of certain specimens in the list of exempt native specimens, thereby exempting them from the trade control provisions applicable to regulated native specimens. Specifically, this amendment relates to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, which are taken in the Queensland East Coast Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. The inclusion in the list is conditional upon the specimens being lawfully taken and being part of a declared Wildlife Trade Operation under section 303FN of the EPBC Act. This exemption facilitates the continued export of these specimens while a Wildlife Trade Operation for the Torres Strait Prawn Fishery remains in force. The decision to amend the list involved consultation with relevant ministers and stakeholders, including the Queensland Minister for Primary Industries and Fisheries, and public comments were considered before finalising the amendment.
Key Provisions
The main provisions of this legislation amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding certain specimens to the list of exempt native specimens under section 303DB. Specifically, section 303DC allows the Minister to include specimens taken in the Queensland East Coast Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008, to this list. These specimens, derived from fish or invertebrates, are exempt from trade control provisions applicable to regulated native specimens, provided they meet certain conditions (subsection 303DC(3)). The inclusion is subject to the stipulation that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This amendment aims to facilitate continued export of these specimens while ensuring that the ecological sustainability of the fishery is maintained.
The obligations imposed by this Act primarily pertain to the lawful taking of specimens and their coverage under an approved Wildlife Trade Operation. Entities involved in the trade of these specimens must ensure that they were taken in accordance with the law and are declared under a Wildlife Trade Operation. This requirement ensures compliance with both the EPBC Act and the Queensland Fisheries Act 1994, as well as the Queensland Fisheries Regulation 2008. The inclusion of these specimens in the list of exempt native specimens is contingent upon adherence to these conditions, thereby necessitating that all parties involved verify and document the legality of their activities.
Any breaches of the provisions outlined in this legislation could result in significant consequences. While the specific offences and penalties are not detailed in the text, it is clear that non-compliance with the trade control provisions or failure to meet the conditions for exemption could lead to legal repercussions. Such breaches might involve civil penalties under the EPBC Act or criminal sanctions for illegal fishing activities under state laws. The potential penalties could include fines and, in more severe cases, imprisonment. Given the ecological and legal complexities involved, it is crucial for all stakeholders to ensure strict adherence to the specified conditions to avoid any legal or ecological fallout.