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 21 July 2005 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 Trochus 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 3 December 2015.
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 3 December 2015. The only effect of this amendment is to extend this date.
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 the Environment 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 the Environment consulted with Fisheries Queensland 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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by preserving biodiversity and managing the impact of activities that may harm the environment. This Act was introduced to address the need for comprehensive environmental protection across Australia, including the regulation of native specimens and their trade to prevent ecological harm. The EPBC Act establishes a framework for the conservation of biodiversity and the protection of significant environmental values. The Parliament of Australia enacted this legislation to ensure that the trade and management of native specimens are conducted in an ecologically sustainable manner. The policy objective behind the EPBC Act is to protect and conserve Australia’s biodiversity and ecological heritage while allowing for sustainable use of natural resources. The legislative instrument amends the list of exempt native specimens under Section 303DC of the EPBC Act to address specific conditions related to specimens taken in the Queensland East Coast Trochus Fishery, ensuring continued export of these specimens until a specified date while maintaining compliance with ecological sustainability guidelines.
Scope and Application
The amendment to the Environment Protection and Biodiversity Conservation Act 1999, through the legislative instrument F2015L00779, pertains specifically to the list of exempt native specimens under Section 303DB of the Act. This legislation exempts certain native specimens from the trade control provisions that apply to regulated native specimens, thereby facilitating their export. The specimens in question are those derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, which are taken within the Queensland East Coast Trochus Fishery. The amendment revokes the existing conditions attached to these specimens and imposes new conditions, allowing continued export until 3 December 2015, provided that the specimens were taken lawfully. The decision to include these specimens in the exempt list was made in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The amendment is applicable nationally, and the Minister for the Environment consulted with relevant stakeholders, including Fisheries Queensland, in line with the legislative requirements.
Key Provisions
The main operative sections of this legislation (F2015L00779) are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC outlines the process for amending this list, including the requirement for the Minister for the Environment to consult with relevant ministers and stakeholders before making any changes. This legislation specifically addresses specimens taken from the Queensland East Coast Trochus Fishery, revoking previous conditions and imposing new ones.
The obligations and requirements imposed by this Act on parties or entities are primarily focused on ensuring that specimens included in the list of exempt native specimens meet certain criteria. These criteria include that the specimens were taken lawfully and that they remain included in the list until 3 December 2015. The Act also mandates consultation with relevant stakeholders, such as Fisheries Queensland, to ensure that the management arrangements for the fishery are ecologically sustainable, as outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.
This legislation imposes no direct offences, penalties, or consequences for breach, as it primarily serves to amend the conditions under which certain specimens are exempt from trade controls. However, any failure to comply with the criteria for the exemption, such as taking specimens unlawfully, could result in separate legal consequences under other relevant legislation. The primary focus of this Act is to facilitate the continued export of these specimens until the specified date, ensuring that the ecological sustainability of the fishery is maintained.
In summary, the legislation amends the list of exempt native specimens under the EPBC Act by revoking previous conditions and imposing new ones. This ensures that specimens from the Queensland East Coast Trochus Fishery can continue to be exported until 3 December 2015, provided they meet the specified criteria. The Act underscores the importance of ecological sustainability in the management of fisheries and mandates appropriate consultation with relevant stakeholders. While it does not impose specific penalties, compliance with its provisions is crucial to avoid potential legal issues under other relevant laws.