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 25 May 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 25 May 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 fisheries 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, Fisheries Queensland was consulted, as Fisheries Queensland has management responsibilities for the fishery concerned.
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/2011/18
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian legislation designed to protect and conserve the nation's environment, particularly focusing on matters of national environmental significance. This Act, enacted in 1999, was introduced to address the growing concerns over the unsustainable exploitation of natural resources and the loss of biodiversity. The Act provides a framework for the protection of the environment, including native species and their habitats, by regulating activities that may have a significant impact on the environment. The 2011 amendment to the list of exempt native specimens under Section 303DC of the EPBC Act aims to refine the conditions under which certain fish and invertebrate specimens, specifically those taken from the Queensland East Coast Spanish Mackerel Fishery, are exempt from trade control provisions. This change was enacted by the Parliament of Australia and seeks to ensure the continued export of these specimens in an ecologically sustainable manner, taking into account the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment was developed following consultations with relevant authorities, including Fisheries Queensland, to align with the broader policy objective of managing fisheries sustainably while facilitating trade.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in F2011L01769, pertains to specimens of fish and invertebrates, excluding those from species listed under Part 13 of the Act, that are sourced from the Queensland East Coast Spanish Mackerel Fishery. This amendment serves to revise the conditions under which these specimens are exempt from the trade control provisions applicable to regulated native specimens. The revision involves revoking previous conditions attached to the exemption and imposing new ones, namely that the specimens or the fish or invertebrates from which they are derived must have been taken lawfully and the exemption will apply until 25 May 2012. This adjustment facilitates the continued export of these specimens until the specified date. The decision to amend the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability criteria are met. The Minister for Sustainability, Environment, Water, Population and Communities undertook consultations with relevant Commonwealth and state ministers, as well as Fisheries Queensland, given their management responsibilities for the fishery in question, prior to making this amendment.
Key Provisions
The main operative sections of this legislative instrument (F2011L01769) pertain to Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This section facilitates the amendment of the list of exempt native specimens, allowing the Minister to revoke conditions previously imposed on certain specimens or to impose new conditions. Specifically, this instrument revokes the conditions under which specimens taken in the Queensland East Coast Spanish Mackerel Fishery were included in the list of exempt native specimens as of 24 November 2004 and imposes new conditions (subsection 303DB). The new conditions require that the specimens, or the fish or invertebrate from which they are derived, were taken lawfully, and that these specimens remain in the list until 25 May 2012. This ensures continued export of these specimens until the specified date.
The Act imposes specific obligations and requirements on the entities it governs. First, it mandates that any specimens derived from fish or invertebrates in the Queensland East Coast Spanish Mackerel Fishery, excluding those belonging to species listed under Part 13 of the Act, must be taken lawfully to qualify for exemption. This requirement ensures compliance with existing fishing regulations and prevents illegal fishing activities. Second, the Act stipulates that these specimens are included in the list of exempt native specimens only until 25 May 2012, thereby limiting the duration of their exemption and export eligibility.
Furthermore, the legislation outlines potential offences, penalties, or consequences for breaches. Although the specific penalties are not detailed within this instrument, violations of the EPBC Act generally can lead to significant civil and criminal penalties. Civil penalties for breaches may include fines, and in severe cases, criminal penalties such as imprisonment could be imposed. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the EPBC Act or other applicable legislation. This underscores the importance of adherence to the conditions and requirements set forth by the Act to avoid legal repercussions.