EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens. Specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
The specimen is included on the list until 3 June 2010.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next five years.
In determining to include the above specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Henry Palaszczuk MLA, Minister for Primary Industries and Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Queensland Department of Primary Industries and Fisheries.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to protect and manage Australia's biodiversity and environment. To address specific concerns regarding the sustainability of certain fisheries and their trade implications, the Act includes provisions for the establishment of a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. In response to these provisions, the Act was amended in 2005 to include specimens from the Queensland East Coast Trochus Fishery on the list of exempt native specimens, subject to certain conditions and notations. This amendment was made to ensure that the trade of these specimens could continue in an ecologically sustainable manner, in line with the Australian Government's Guidelines for the ecologically sustainable management of fisheries. The inclusion of these specimens on the exempt list was subject to consultation with relevant ministers and the Queensland Department of Primary Industries and Fisheries.
The legislative instrument amending the list of exempt native specimens under the Act was issued under the authority of the Minister for the Environment and Heritage and commenced on the day after its registration on the Federal Register of Legislative Instruments. This amendment reflects the policy objective of maintaining the ecological sustainability of the fisheries while allowing for the continued export of the specified specimens until 3 June 2010.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the conservation of the nation's biodiversity and the protection of the environment, impacting various entities and industries involved in activities that could affect matters of national environmental significance. This particular amendment to the Act, specified in F2005L02005, focuses on the list of exempt native specimens, providing relief from the stringent trade control provisions applicable to regulated native specimens. The amendment adds specimens from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, that are sourced from the Queensland East Coast Trochus Fishery. These additions to the list of exempt native specimens are conditional on the specimens being lawfully taken and are applicable until 3 June 2010. This amendment enables the continued export of these specimens for a period of five years, aligning with the Australian Government's Guidelines for the ecologically sustainable management of fisheries. The decision to include these specimens was made after thorough consultation with relevant Ministers and the Queensland Department of Primary Industries and Fisheries, ensuring a balanced approach to ecological sustainability and economic activities.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment, as detailed in the explanatory statement, revolve around Section 303DB, which provides for the establishment of a list of exempt native specimens. This list exempts certain specimens from the trade control provisions that apply to regulated native specimens. Section 303DC allows for the addition of specimens to this list, subject to specific conditions and notations. In this instance, the amendment adds specimens from the Queensland East Coast Trochus Fishery to the list of exempt native specimens (Section 303DC). These specimens, which are fish or invertebrate derived, are exempt from trade control provisions provided they meet certain criteria, such as being taken lawfully and being listed until 3 June 2010.
The obligations imposed by the Act on the parties involved are primarily centred around compliance with the established criteria for exemption. Specifically, any specimens included on the list must have been taken lawfully and must adhere to the notations specified, such as the date until which they remain exempt. The inclusion of these specimens on the list of exempt native specimens is also subject to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. This means that the management arrangements for the fisheries from which these specimens are derived must meet the criteria for ecological sustainability as outlined in the Guidelines.
In terms of offences, penalties, or consequences for breach, the explanatory statement does not explicitly detail the penalties for non-compliance with the trade control provisions or the listing criteria. However, under the Environment Protection and Biodiversity Conservation Act 1999, there are significant penalties for breaches related to the trade of native specimens. These penalties can include substantial fines and, in some cases, imprisonment. The exact penalties depend on the specific nature of the breach and are determined by the courts. For example, under Section 505 of the Act, an individual can be subject to a fine of up to $330,000 or imprisonment for up to five years, or both, for contravening certain provisions of the Act. The ecological sustainability criteria and lawful taking requirements are critical to ensuring compliance and avoiding these potential penalties.