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 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, taken in the Queensland East Coast Pearl Fishery, as defined in the management regime in force under the Queensland Fisheries Act 2004 and Fisheries Regulation 2008.
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 on the list until 20 January 2015.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 20 January 2015.
In determining to include the specimens on 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 Environment Protection, Heritage and the Arts 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. The proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 22 days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Unique Identifying Number: EPBC303DC/SFS/2010/06
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with respect to matters of national environmental significance. The 2010 legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act, aiming to address a specific gap in the regulation of native specimens derived from the Queensland East Coast Pearl Fishery. This legislative amendment was introduced to ensure that specimens from this fishery, excluding those from species listed under Part 13 of the EPBC Act, remain exempt from the trade control provisions applicable to other regulated native specimens. The objective of this amendment aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the inclusion of these specimens on the exempt list is subject to certain conditions, such as lawful taking and a specified duration until 20 January 2015. This measure facilitates continued export of these specimens while maintaining environmental sustainability and regulatory compliance.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to specimens of fish or invertebrates derived from the Queensland East Coast Pearl Fishery, excluding those from species listed under Part 13 of the Act. These specimens are exempt from trade control provisions applicable to regulated native specimens, provided they were taken lawfully and are included on the list until 20 January 2015. The Act applies to any person or entity involved in the trade of these specimens, ensuring compliance with the conditions stipulated. This amendment extends its reach across the Commonwealth of Australia, aligning with the ecological sustainability criteria outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Environment Protection, Heritage and the Arts consulted with relevant Commonwealth and State/Territory Ministers, as well as other appropriate persons and organisations, before enacting this amendment. This legislative instrument is subject to the Legislative Instruments Act 2003, and the decision to amend the list was made after a public consultation period without receiving any comments.
Key Provisions
The primary sections of this legislation, specifically section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish a list of exempt native specimens. Specimens included in this list are exempt from the trade control provisions that apply to regulated native specimens. The amendment, as per this instrument, adds certain specimens to this list. These specimens are fish or invertebrate specimens, or those derived from them, taken within the Queensland East Coast Pearl Fishery, as defined under the Queensland Fisheries Act 2004 and Fisheries Regulation 2008, and provided they are not from species listed under Part 13 of the EPBC Act. This inclusion is conditional, subject to the specimens being taken lawfully and remaining on the list until 20 January 2015.
The obligations imposed by this legislation on the parties or entities it governs are primarily about compliance with the conditions of inclusion. The specimens must be derived from lawful fishing activities within the specified fishery and must not belong to species listed under Part 13 of the EPBC Act. Additionally, any person or entity dealing with these specimens must ensure that they remain on the list of exempt native specimens until the specified date. The Minister for Environment Protection, Heritage and the Arts, in making this amendment, was required to consult with relevant Commonwealth Ministers, State Ministers, and other relevant persons and organisations as deemed appropriate. This consultation process is outlined in subsection 303DC(3) of the EPBC Act.
Breaches of the provisions in this legislation could lead to various consequences. While the specific offences and penalties are not detailed in this instrument, under the EPBC Act, violations of trade control provisions can result in significant penalties. These penalties can include substantial fines and, in some cases, imprisonment. The precise penalties depend on the nature and severity of the breach, but they can be severe, reflecting the importance of the conservation and sustainable management objectives of the Act. Given the focus on ecological sustainability and lawful management of fisheries, non-compliance could also lead to additional administrative or civil consequences as determined by relevant authorities.