EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a)
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 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 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 Otter Trawl 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 17 November 2017
References to definitions in instruments made under or in force under legislation are to be read as references to provisions in those instruments and legislation as in force from time to time.
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 17 November 2017. The only effect of this amendment is to extend this date.
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 and Energy 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 and Energy consulted with the Queensland Department of Agriculture and Fisheries as the Queensland Department of Agriculture and Fisheries has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislation.
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 in relation to biodiversity conservation and the management of native specimens. The legislation established a framework for the regulation of trade in native specimens to ensure that it occurs in a manner that is ecologically sustainable. The problem or gap the Act aimed to address was the potential for unsustainable practices in the management and trade of native specimens, which could adversely affect biodiversity. The EPBC Act was enacted by the Parliament of Australia and aims to ensure that the trade of native specimens is conducted in a manner that protects Australia's unique biodiversity. This legislative instrument, F2017L00601, amends the list of exempt native specimens to facilitate continued export of certain specimens until 17 November 2017, while ensuring compliance with the EPBC Act's ecologically sustainable development principles.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens is an instrument designed to modify the conditions under which certain specimens are exempt from trade control provisions. Specifically, this legislation applies to specimens of fish or invertebrates, excluding those that are listed under Part 13 of the EPBC Act or under Australia's CITES list, taken in the Queensland East Coast Otter Trawl Fishery. This amendment ensures that these specimens can continue to be exported without restriction until 17 November 2017, subject to the conditions that the specimens were taken lawfully and are included in the list of exempt native specimens until the specified date. The Act's jurisdictional reach is national, as it pertains to the Australian Government's management of native specimens across various fisheries, in consultation with relevant state and territory authorities, and in accordance with the Australian Government’s guidelines for ecologically sustainable management of fisheries.
Key Provisions
The main operative sections of this legislative instrument revolve around the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act provides for the establishment of a list of exempt native specimens. Section 303DC(1)(a) allows for the revocation of existing conditions and the imposition of new conditions on the inclusion of certain specimens in this list. In this case, the conditions being revoked pertain to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act. The conditions being imposed state that the specimens must have been taken lawfully and remain included in the list until 17 November 2017.
The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that any specimens taken in the Queensland East Coast Otter Trawl Fishery must be included in the list of exempt native specimens, provided they meet the criteria of being lawfully taken. Secondly, it requires that these specimens remain exempt from the trade control provisions that apply to regulated native specimens until 17 November 2017. The Act also requires the Minister for the Environment and Energy to consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before making any amendments to the list. In this instance, the Delegate of the Minister consulted with the Queensland Department of Agriculture and Fisheries, which has management responsibilities for the fishery in question.
The legislative instrument also outlines the consequences for breach of its provisions. While the instrument does not explicitly detail specific offences, penalties, or civil/criminal consequences, it is reasonable to infer that breaches of the EPBC Act, including those related to the trade of native specimens, could result in enforcement actions under the Act. These may include administrative penalties, fines, and potential criminal charges. However, the specific penalties would depend on the nature and severity of the breach, as well as any applicable state or territory laws. The Minister for the Environment and Energy, in consultation with relevant authorities, would have the power to enforce the provisions of the Act and impose appropriate penalties for non-compliance.