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 16 April 2008 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 EPBC Act, taken in the Queensland Eel Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the Fisheries Act 1994
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 17 April 2019.
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 17 April 2019. 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 the Queensland Department of Agriculture, Fisheries and Forestry as the Queensland Department of Agriculture, Fisheries and Forestry 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 the Environment’s website and comment was invited from interested people for a period of 22 business days.
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.
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) serves to protect and conserve Australia's biodiversity, including native flora and fauna, and their habitats. The Act was enacted to address the need for a comprehensive framework that governs the management of the environment, particularly focusing on preventing significant impacts caused by human activities. The legislation was introduced by the Australian Parliament, aiming to balance environmental protection with economic growth. The amendment of the List of Exempt Native Specimens, as stated in the explanatory statement, aims to ensure that certain native specimens, specifically fish and invertebrate specimens taken within the Queensland Eel Fishery, remain exempt from trade control provisions until 17 April 2019. This change was made to continue the lawful export of these specimens while adhering to the Australian Government’s criteria for ecologically sustainable management of fisheries. The amendment process involved consultation with relevant state authorities and public comment to ensure compliance with the legislative requirements and to address any ecological considerations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment pertains to the regulation of native specimens, specifically fish and invertebrate specimens derived from the Queensland Eel Fishery. This amendment modifies the conditions under which these specimens are exempt from trade controls typically imposed on regulated native specimens. The revision revokes prior conditions that were subject to a specific date and replaces them with new conditions, which include the requirement that the specimens must be taken lawfully and are included in the list of exempt specimens until 17 April 2019. The legislative instrument applies to all persons or entities involved in the export of these specimens, ensuring they adhere to the new conditions. The jurisdictional reach of this amendment is national, reflecting its alignment with the overarching provisions of the EPBC Act. Notably, the amendment does not extend or restrict the application of the Act through subordinate instruments but rather adjusts the existing conditions for the specified specimens.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC (sections 303DB and 303DC) primarily addresses the conditions under which certain specimens are exempt from trade control provisions. Under section 303DB, the Act establishes a list of exempt native specimens which are not subject to the trade controls that apply to regulated native specimens. Section 303DC allows the Minister for the Environment to amend this list by consulting relevant stakeholders and seeking public input. In this instance, the Act revokes previous conditions (section 303DC(3)) and imposes new conditions for specimens taken in the Queensland Eel Fishery, including that these specimens must be taken lawfully and remain exempt until 17 April 2019.
The obligations imposed by this Act on the parties involved are primarily focused on compliance with the specified conditions. The specimens in question, derived from fish or invertebrates within the Queensland Eel Fishery, must meet the criteria of being lawfully taken and must adhere to the timeline specified, with exemption lasting until 17 April 2019. Additionally, the Minister for the Environment is mandated to consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before making amendments to the list. Public consultation is also required, with the proposal advertised on the Department of the Environment’s website for a period of 22 business days.
Breach of the conditions specified in the Act can lead to several consequences. While the Act itself does not explicitly detail penalties for non-compliance, violations of the Environment Protection and Biodiversity Conservation Act 1999 in general can result in both civil and criminal penalties. Civil penalties can include substantial fines, while criminal penalties can include imprisonment, depending on the severity of the offence. The maximum penalties are not specified in this particular instrument but are detailed in the main Act, which outlines fines and imprisonment terms commensurate with the breach's impact on the environment and biodiversity conservation efforts.