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 in the list of exempt native specimens on 1 December 2004 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 21 July 2011.
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 21 July 2011.
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 – 2nd Edition. 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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities 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.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2010/62
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act aims to facilitate ecologically sustainable development through the protection of the environment. In this context, the legislative instrument F2010L03023 amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act. This instrument was introduced to address the need to continue the export of certain fish and invertebrate specimens taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, while ensuring compliance with ecological sustainability guidelines. The Minister for Sustainability, Environment, Water, Population and Communities, in accordance with the legislative requirements of the EPBC Act, consulted with relevant parties including Fisheries Queensland before making the amendments. The policy objective aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of the fishery meets ecological sustainability criteria.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment, as embodied in the legislative instrument F2010L03023, pertains to the modification of the List of Exempt Native Specimens under Section 303DC. This Act specifically addresses the trade of native specimens, exempting certain specimens from the trade control provisions applicable to regulated native specimens. The amendment targets specimens derived from fish or invertebrates taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, excluding those belonging to species listed under Part 13 of the Act. The instrument revokes previous conditions attached to the exemption of these specimens, which were subject to specific conditions from 1 December 2004, and introduces new conditions effective until 21 July 2011. These conditions stipulate that the specimens must have been taken lawfully and remain exempt until the specified date. The amendment is in line with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, reflecting a commitment to ecological sustainability in fisheries management. The legislative process involved consultation with relevant stakeholders, including Fisheries Queensland, to ensure that the amendment aligns with the ecological and management needs of the fishery. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation, specifically section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), deal with the amendment of the List of Exempt Native Specimens. This list exempts certain native specimens from the trade control provisions that apply to regulated native specimens. The legislation revokes previous conditions that applied to specimens derived from fish or invertebrates taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, which were included in the list on 1 December 2004, and imposes new conditions. These new conditions require that the specimens were taken lawfully and that they remain included in the list until 21 July 2011.
This Act imposes specific obligations on parties and entities involved with these specimens. Firstly, it mandates that any specimen included in the list must have been taken lawfully. This means that the harvesting of the fish or invertebrates from which the specimens are derived must comply with all applicable laws and regulations. Secondly, the inclusion of these specimens in the list of exempt native specimens is time-bound, remaining in effect until 21 July 2011. During this period, the export of these specimens is permitted without the need for additional permits or controls.
Breach of the conditions imposed by this legislation can lead to various civil or criminal consequences. While the specific penalties are not detailed within the legislative instrument, violations of the EPBC Act generally attract penalties that can include substantial fines and, in some cases, imprisonment. The penalties for breaches of environmental legislation can vary depending on the severity and intent behind the violation. For instance, offences under the EPBC Act can lead to fines of up to $66,600 for individuals and up to $333,000 for corporations, along with potential imprisonment terms for more serious offences. These provisions are designed to ensure compliance and protect the ecological sustainability of the fisheries in question.