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 24 November 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 Spanish Mackerel 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 14 July 2017.
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 14 July 2017.
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 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 25 business days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for comprehensive protection of the environment and biodiversity. This Act was introduced to fill a legislative gap in the management and conservation of Australia's natural resources, providing a framework for the protection of the environment from significant impacts, particularly those associated with Commonwealth activities and actions. The Act's policy objective is to ensure that the ecological sustainability of the nation's biodiversity is maintained through stringent regulatory measures. The legislative instrument amending the List of Exempt Native Specimens, F2012L01577, aims to facilitate the continued export of certain fish and invertebrate specimens from the Queensland East Coast Spanish Mackerel Fishery, subject to specific conditions ensuring lawful taking and a defined time limit until 14 July 2017. The amendment process involved consultation with relevant stakeholders, including Fisheries Queensland, and public notice was provided to allow for any comments, though none were received. This legislative instrument is compatible with Australia's human rights obligations under international agreements.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, specifically targeting specimens derived from fish or invertebrates under the Queensland East Coast Spanish Mackerel Fishery, exempts these specimens from the trade control provisions applicable to regulated native specimens. This exemption applies to specimens taken lawfully and is conditional until 14 July 2017. The amendment ensures continued export of these specimens, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities must consult relevant ministers and stakeholders, as mandated by the Act, before making such amendments, though in this instance, no comments were received from the public. This legislative instrument, which commenced upon registration on the Federal Register of Legislative Instruments, does not infringe on any rights or freedoms and is consistent with international human rights standards.
Key Provisions
The legislative instrument primarily amends the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by revoking and imposing new conditions on certain specimens (sections 303DB, 303DC). Specifically, it revokes the conditions that applied to specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the Act, taken in the Queensland East Coast Spanish Mackerel Fishery. These specimens were initially listed with conditions that required them to be taken lawfully and were included in the list until 14 July 2017. The new conditions maintain the exemption for these specimens until the same date, facilitating continued exportation.
Entities and individuals involved in the trade of these specimens must ensure that the fish or invertebrates from which the specimens are derived were taken lawfully. This requirement ensures compliance with both the EPBC Act and the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The guidelines provide criteria for assessing the ecological sustainability of the fishery’s management arrangements. Given the involvement of Fisheries Queensland in the consultation process, those managing or trading in these specimens should be aware of any specific requirements or changes in the management of the fishery.
Breaching the conditions set out in the EPBC Act, such as failing to ensure that specimens were taken lawfully, may result in various legal consequences. While the specific penalties are not detailed in this legislative instrument, general provisions within the EPBC Act could impose civil or criminal penalties, including fines and imprisonment. The precise penalties would depend on the nature and severity of the breach, as outlined in other sections of the Act. It is crucial for entities and individuals to comply with the conditions to avoid potential legal repercussions.