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 include the following specimens in the list of exempt native specimens:
- 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
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, as long as an approved wildlife trade operation declaration is in force.
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 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. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 24 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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/2011/25
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act provides a framework for the protection of the environment, particularly in relation to matters of national environmental significance, and aims to achieve ecologically sustainable development through the regulation of activities that may impact the environment. One of the mechanisms provided by the Act is the regulation of the trade in native specimens through the establishment of a list of exempt native specimens, which is intended to streamline the export process for certain specimens by exempting them from the need for export permits. In accordance with Section 303DC of the EPBC Act, the Minister for Sustainability, Environment, Water, Population and Communities has the authority to amend the list of exempt native specimens, subject to appropriate consultation and consideration of relevant guidelines and stakeholder feedback. This legislative instrument reflects the Australian Government’s commitment to ecologically sustainable management of fisheries, as outlined in the Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment (List of Exempt Native Specimens) Instrument 2011 pertains to the inclusion of certain specimens in the list of exempt native specimens under the EPBC Act. Specifically, it covers specimens derived from fish or invertebrates taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, provided they are not from species listed under Part 13 of the Act. This amendment exempts these specimens from the trade control provisions applicable to regulated native specimens, allowing for their export without the need for export permits, subject to compliance with specific conditions. These conditions include the lawful taking of the specimens and their coverage under a declaration of an approved wildlife trade operation. The amendment was made following consultations with relevant authorities and public consultation, and it aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The operative sections of this legislative instrument, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the addition of certain specimens to the list of exempt native specimens (Section 303DB). Specifically, the specimens in question are those derived from fish or invertebrates taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, provided they are not from species listed under Part 13 of the Act (Section 303DC). This amendment allows these specimens to be exported without requiring export permits, as long as an approved wildlife trade operation declaration is in force (Section 303FN).
The Act imposes several obligations on the parties involved. Firstly, it mandates that the specimens must be taken lawfully (Section 303DC(3)). Secondly, the specimens must be covered by a declaration from an approved wildlife trade operation, ensuring that the trade is managed in accordance with the ecological sustainability criteria established by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. Additionally, the Minister for Sustainability, Environment, Water, Population and Communities must consult relevant stakeholders, such as Fisheries Queensland, before amending the list of exempt native specimens. Public consultation was also conducted by advertising the proposal on the Department of Sustainability, Environment, Water, Population and Communities’ website.
Failure to comply with the provisions of the EPBC Act can result in civil or criminal consequences. While specific offences and penalties are not detailed in the explanatory statement, breaches of the Act can generally lead to penalties under the relevant sections of the Act. For instance, unauthorised trade in native specimens could be subject to fines and imprisonment under Section 474 of the EPBC Act, which imposes a maximum penalty of up to $330,000 or imprisonment for up to five years, or both, for corporations, and up to $66,000 or imprisonment for up to two years, or both, for individuals. The exact penalties depend on the nature and severity of the breach.