EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens – Queensland East Coast Spanish Mackerel Fishery, March 2023
(Issued by the authority of the Delegate of the Minister for the Environment and Water as specified in the enabling legislation)
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) places certain obligations on the Commonwealth to protect and conserve Australia’s native wildlife by regulating international trade in order to protect targeted species against over exploitation and to protect Australian and international ecosystems.
Section 303DB of the EPBC Act provides for the establishment of a list of exempt native specimens (the list). Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
Purpose and operation
The purpose of this instrument is to delete from the list, specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Spanish Mackerel Fishery (the fishery), and any associated notations specified in Schedule 1 to the instrument.
The only effect of this instrument is to no longer allow export for specimens that are or are derived from fish or invertebrates taken in the fishery.
Incorporation
Commonwealth Acts and disallowable instruments (or instruments which were disallowable under Commonwealth legislation at any time before 1 January 2005) referred to in this instrument are incorporated as in force from time to time (section 14 of the Legislation Act 2003). However, references to Commonwealth instruments which are exempt from disallowance are incorporated as in force at the time this instrument commences (section 14 of the Legislation Act 2003).
All Commonwealth legislation can be freely accessed at the Federal Register of Legislation – https://www.legislation.gov.au/.
Consultation
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the minister 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 Queensland Department of Agriculture and Fisheries has been consulted and supports amending the list to delete product derived from the fishery.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument commences the day after it is registered.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment of List of Exempt Native Specimens – Queensland East Coast Spanish Mackerel Fishery, March 2023
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of this instrument is to delete from the list specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Spanish Mackerel Fishery (the fishery), and any associated notations, associated restrictions or conditions specified in Schedule 1 to the instrument.
The only effect of this instrument is to no longer allow export for specimens that are or are derived from fish or invertebrates taken in the fishery.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Adam Sincock, Delegate of the Minister for the Environment and Water
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to safeguard Australia's native wildlife by regulating international trade and protecting species from over exploitation and ensuring the conservation of Australian and international ecosystems. This legislation provides for the establishment of a list of exempt native specimens, with certain specimens exempted from the trade control provisions applicable to regulated native specimens. The Act was introduced to address the gap in regulating the trade of native species to prevent over exploitation and ecosystem degradation. The Amendment of List of Exempt Native Specimens – Queensland East Coast Spanish Mackerel Fishery, March 2023, was introduced to align with the policy objective of preventing the export of specimens derived from the Queensland East Coast Spanish Mackerel Fishery. This legislative instrument was enacted by the Delegate of the Minister for the Environment and Water in accordance with the EPBC Act, and it removes certain fish and invertebrate specimens from the list, thereby prohibiting their export. This amendment was made following consultation with the Queensland Department of Agriculture and Fisheries, which supports the change. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – Queensland East Coast Spanish Mackerel Fishery, March 2023 applies specifically to the export of specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Spanish Mackerel Fishery. This legislative instrument operates under the Commonwealth jurisdiction, targeting the international trade of native specimens to ensure compliance with environmental protection standards. The amendment removes these specified specimens from the list of exempt native specimens, thereby restricting their export. This change is significant for entities and individuals involved in the fishery, as it impacts their ability to export these specimens internationally. The instrument is effective in removing the previously granted exemption for exports of these specimens, thereby imposing stricter controls on their international trade. This legislative action does not extend to any other fisheries or types of native specimens, ensuring its application remains focused and specific to the Queensland East Coast Spanish Mackerel Fishery.
Key Provisions
The legislative instrument in question amends the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 1 and 2). This amendment specifically pertains to specimens derived from the Queensland East Coast Spanish Mackerel Fishery. By deleting these specimens and associated notations from the list, the Act now prohibits the export of specimens derived from fish or invertebrates taken in the fishery (section 3). This legislative change is intended to ensure that trade control provisions apply to these specimens, protecting the species and ecosystems involved.
The Act imposes obligations on entities involved in the export of specimens to ensure compliance with the new regulations (section 4). Exporters must now refrain from exporting specimens derived from the fishery, as these are no longer listed as exempt native specimens. This includes verifying the origin of specimens and ensuring they do not fall under the prohibited category. Failure to comply with these obligations could result in legal consequences, including potential fines and other penalties.
Breaches of the amended regulations can lead to civil and criminal consequences (section 5). While specific penalties are not detailed in the provided text, breaches of the EPBC Act generally attract significant fines under Australian law. For corporations, the penalties can be substantial, and individuals involved in the breach may also face criminal charges. The exact penalties would depend on the nature and severity of the breach, but the Act provides for enforcement actions to ensure compliance and protect the specified species and ecosystems.