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 19 August 2011 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 Fin Fish (Stout Whiting) Trawl 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 16 February 2016.
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 16 February 2016. 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 and Fisheries as the Queensland Department of Agriculture and Fisheries has management responsibilities for the fishery concerned.
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) was enacted to provide for the protection of the environment, particularly through the regulation of activities that have, or are likely to have, a significant impact on the environment. This includes regulating the trade of native specimens to ensure that it does not threaten biodiversity. The Act addresses the problem of unregulated or unsustainable trade of native species, which can lead to ecological imbalance and loss of biodiversity. The enacting body for this amendment is the Minister for the Environment, who is required to consult with relevant state and territory ministers and other stakeholders, as outlined in subsection 303DC(3) of the EPBC Act. The policy objective is to ensure that the management of fisheries is ecologically sustainable, in line with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. This amendment to the list of exempt native specimens aims to facilitate continued lawful export of certain fish and invertebrate specimens until 16 February 2016.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment, identified by F2015L01258, pertains to the modification of the list of exempt native specimens under Section 303DC of the Act. This legislation applies to specimens of fish and invertebrates taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, excluding those that belong to species listed under Part 13 of the Act. The amendment revokes existing conditions attached to the inclusion of these specimens in the list of exempt native specimens and imposes new conditions, including that the specimens must be taken lawfully and remain listed until 16 February 2016. This change allows for the continued export of these specimens until the specified date. The amendment follows consultations with relevant Commonwealth and state authorities, particularly the Queensland Department of Agriculture and Fisheries. The legislative instrument is designed to align with the Australian Government’s guidelines for the ecologically sustainable management of fisheries and does not engage any applicable rights or freedoms, nor does it raise any human rights issues.
Key Provisions
The primary operative sections of this legislative instrument pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment revises the conditions attached to specimens derived from fish or invertebrates in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, specifically exempting these specimens from the trade control provisions applicable to regulated native specimens (Section 303DB). The changes involve revoking existing conditions that were in place as of 19 August 2011 and replacing them with new conditions that require the specimens to be taken lawfully and remain exempt until 16 February 2016.
The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that the specimens, or the fish or invertebrates from which they are derived, must have been taken in a lawful manner. This requirement ensures that the exemption does not inadvertently support illegal fishing activities. Secondly, the specimens remain on the list of exempt native specimens until 16 February 2016, providing a clear timeframe within which they can be exported without the need for additional permits or controls. These conditions aim to balance the ecological sustainability of the fishery with the need for continued trade, as guided by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.
In terms of potential consequences for breaches, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the conditions set forth. However, it is implied that any unlawful taking of specimens or improper export activities could lead to legal repercussions under broader provisions of the EPBC Act or other relevant environmental and fisheries regulations. These could potentially include fines, imprisonment, or other enforcement actions, although the exact penalties would be determined based on the specific violations and applicable laws.
Overall, this legislative instrument seeks to provide clarity and continuity in the exportation of certain fishery specimens while ensuring that these activities are conducted within the bounds of legality and sustainability. By consulting with relevant authorities such as the Queensland Department of Agriculture and Fisheries, the amendment aims to maintain the ecological integrity of the fishery while facilitating trade.