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 Finfish (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 19 August 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 19 August 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/2011/21
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a comprehensive framework for the protection of the environment and biodiversity in Australia. One of the key provisions of the EPBC Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. This legislative instrument, F2011L01515, was introduced to amend the list of exempt native specimens in accordance with section 303DC of the EPBC Act. The instrument was developed by the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities and was enacted following consultation with Fisheries Queensland, reflecting the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The primary objective of this amendment is to allow continued export of certain specimens derived from fish or invertebrates taken in the Queensland Finfish (Stout Whiting) Trawl Fishery, subject to the conditions that they were taken lawfully and are included in the list until 19 August 2011. This amendment ensures that the trade of these specimens remains compliant with the EPBC Act until the specified date.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to the regulation of trade in native specimens, specifically those derived from fish or invertebrates taken in the Queensland Finfish (Stout Whiting) Trawl Fishery. This amendment applies to specimens that are not species listed under Part 13 of the Act, ensuring that they are exempt from the trade control provisions applicable to regulated native specimens. The Act affects entities engaged in the fishing and trade of these specimens, particularly those operating within the specified fishery. Geographically, the legislation's reach is national, as it concerns the protection and management of native species under Commonwealth jurisdiction. The conditions imposed by this amendment, which revoke previous conditions and establish new ones, are in place until 19 August 2011, allowing for continued lawful export of these specimens until that date. The amendment follows consultations with relevant stakeholders, including Fisheries Queensland, to ensure compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The primary operative sections of this legislation (F2011L01515) amend the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it revokes the previous conditions for the inclusion of specimens taken in the Queensland Finfish (Stout Whiting) Trawl Fishery on the list of exempt native specimens, and imposes new conditions. These conditions state that specimens, or fish or invertebrates from which they are derived, must have been taken lawfully, and that the specimens are included in the list until 19 August 2011 (subsection 303DB). This amendment permits continued export of these specimens until the specified date.
The obligations and requirements imposed by this Act pertain to the lawful taking of specimens and their inclusion in the list of exempt native specimens. The specimens must be derived from fish or invertebrates taken in the Queensland Finfish (Stout Whiting) Trawl Fishery and must not belong to species listed under Part 13 of the EPBC Act. Furthermore, the Minister for Sustainability, Environment, Water, Population and Communities, or their delegate, must consult with relevant stakeholders before making amendments to the list of exempt native specimens, as required by subsection 303DC(3) of the EPBC Act. In this instance, the delegate consulted with Fisheries Queensland due to their management responsibilities for the fishery in question.
Breach of the conditions or failure to comply with the obligations set out in this Act may result in civil or criminal consequences. The specific penalties for breaches of the EPBC Act are not outlined in the explanatory statement, but could potentially include fines, imprisonment, or both, depending on the nature and severity of the breach. It is essential for parties involved in the trade of these specimens to ensure compliance with the Act to avoid any potential legal repercussions.