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 20 July 2012.
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 20 July 2012.
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 to provide for the protection of the environment, particularly the biodiversity, and to manage the impacts of activities on the environment. This legislation introduced a list of exempt native specimens under Section 303DB, exempting certain specimens from the trade control provisions applicable to regulated native specimens. The 2012 amendment to the List of Exempt Native Specimens addresses the specific issue of specimens from the Queensland East Coast Spanish Mackerel Fishery, ensuring their continued export while complying with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment was made by the Minister for Sustainability, Environment, Water, Population and Communities, following consultations with relevant authorities and public notice, in accordance with the legislative requirements outlined in the Act. This legislative instrument does not infringe upon any rights or freedoms and is consistent with international human rights standards.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Queensland East Coast Spanish Mackerel Fishery. These specimens are exempt from trade control provisions that apply to regulated native specimens, facilitating their continued export until 20 July 2012. The amendment involves revoking existing conditions and imposing new conditions, namely that the specimens must be derived from fish or invertebrates taken lawfully, and remain exempt until the specified date. This legislative amendment applies nationally across Australia and is enacted in accordance with the legislative requirements of the EPBC Act, including consultation with relevant stakeholders such as Fisheries Queensland, and public notification on the Department’s website. The amendment does not engage any rights or freedoms and is compatible with international human rights instruments.
Key Provisions
The primary sections of this legislative instrument (F2012L01070) involve the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). Specifically, it revokes the conditions that were previously attached to the inclusion of certain fish and invertebrate specimens from the Queensland East Coast Spanish Mackerel Fishery on this list. These specimens were initially exempt from trade control provisions for regulated native specimens, but their inclusion was subject to certain conditions, which are now being revised. The new conditions stipulate that the specimens must be derived from fish or invertebrates taken lawfully, and they will remain exempt until 20 July 2012 (Section 303DB).
This legislative instrument imposes specific obligations on parties or entities governed by it. Firstly, any specimens included in the revised list must be derived from fish or invertebrates taken lawfully within the Queensland East Coast Spanish Mackerel Fishery. Additionally, these specimens will remain exempt from the trade control provisions until the specified date of 20 July 2012. The instrument also mandates consultation with relevant stakeholders, such as Fisheries Queensland, and public consultation as part of the amendment process. This ensures that the amendments align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, reflecting a commitment to ecological sustainability in the management of the fishery.
Any breaches of the provisions outlined in this legislative instrument may lead to civil or criminal consequences. While the specific offences, penalties, and consequences are not detailed in the explanatory statement, it is generally understood that violations of environmental and biodiversity laws can result in significant penalties. Under the EPBC Act, penalties for contravening trade control provisions can include substantial fines and, in some cases, imprisonment. The exact penalties would depend on the specific nature of the breach, the circumstances surrounding it, and the relevant provisions of the EPBC Act. The legislative instrument ensures that the management and trade of these specimens remain within the legal framework set out by the Australian Government, thereby protecting biodiversity and promoting sustainable practices.