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 (the 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 on 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 on the list until 1 May 2014.
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 1 May 2014.
In determining to include the specimens on 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.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment, Heritage and the Arts 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 Environment, Heritage and the Arts consulted with the Queensland Primary Industries and Fisheries (QPIF), part of the Department of Employment, Economic Development and Innovation (DEEDI) as the Department have management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 24 days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
For the purposes of section 12(1) of the Legislative Instruments Act 2003, the specified day for the purposes of the commencement of this instrument is 2 November 2009.
Unique Identifying Number: EPBC303DC/SFS/2009/32
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly by preventing significant impacts from proposed actions. This legislative instrument amends the list of exempt native specimens under section 303DC of the EPBC Act. The objective of this amendment is to address the need for continued export of certain specimens until 1 May 2014, while ensuring they remain subject to specific conditions. This includes the requirement that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully. The amendment was enacted by the Minister for the Environment, Heritage and the Arts, in consultation with relevant Queensland authorities and following a period of public consultation that yielded no comments. The instrument aims to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of fisheries management arrangements is maintained.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as specified in F2009L04071, pertains to specimens that are or are derived from fish or invertebrates taken within the Queensland Eel Fishery, excluding those that belong to species listed under Part 13 of the EPBC Act. The Act aims to exempt these specimens from the trade control provisions applicable to regulated native specimens, thereby facilitating their continued export until 1 May 2014. This legislative amendment applies to entities and persons involved in the lawful taking and export of these specimens, specifically within the jurisdictional boundaries of the Queensland Eel Fishery as defined under the Queensland Fisheries Regulations 2008. The application of this Act is overseen by the Minister for the Environment, Heritage and the Arts, who has consulted with relevant stakeholders, including the Queensland Primary Industries and Fisheries, to ensure the ecological sustainability of the fishery. The Minister also advertised the proposal on the Department of the Environment, Water, Heritage and the Arts' website, inviting public comment, although no comments were received. The legislative instrument was enacted on 2 November 2009 and operates under the legislative framework established by the Legislative Instruments Act 2003.
Key Provisions
The main sections of the legislation concern the amendment of 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 involves revoking certain conditions and imposing new ones for specimens of fish or invertebrates taken in the Queensland Eel Fishery. Specifically, the legislation removes previous conditions (section 1) and replaces them with new conditions that the specimens be taken lawfully and that they remain exempt until 1 May 2014 (section 2). This change aims to facilitate 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, which ensure that the ecological sustainability of fisheries management arrangements is considered.
The obligations and requirements imposed by this Act primarily pertain to the lawful taking of specimens and the adherence to the specified timeframe for their exemption. The Minister for the Environment, Heritage and the Arts is required to consult relevant Ministers and stakeholders before making amendments to the list of exempt native specimens. In this instance, consultation was conducted with the Queensland Primary Industries and Fisheries (QPIF), a part of the Department of Employment, Economic Development and Innovation (DEEDI), due to their management responsibilities for the fishery. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting public comments for 24 days, although no comments were received. These steps ensure that the amendment process is transparent and considers the views of relevant parties.
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the text provided. However, any breaches of the conditions under the EPBC Act may be subject to the general penalties and enforcement mechanisms stipulated within the broader framework of the Act. The EPBC Act includes provisions for offences and penalties related to unauthorised activities concerning protected species and ecosystems, which may include fines and imprisonment depending on the severity of the breach. The exact penalties would be determined based on the specific nature and impact of the breach in accordance with the broader legal provisions of the EPBC Act.