EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)
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 EPBC Act, taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008,
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.
References to definitions in instruments made under or in force under legislation are to be read as references to provisions in those instruments and legislation as in force from time to time.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery 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 fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment and Energy 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 and Energy consulted with the Queensland Department of Agriculture and Fisheries as the Queensland Department of Agriculture and Fisheries 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 the Environment and Energy’s website and comment was invited from interested people for a period of 21 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 Legislation Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislation.
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 in relation to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and heritage. The EPBC Act empowers the Commonwealth to regulate activities that may have a significant impact on the environment. The 2016 amendment to the Act, specifically the listing of certain native specimens as exempt under section 303DB, was made to facilitate the export of specimens from the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery without requiring export permits, provided the specimens are lawfully taken and covered by a declaration of an approved wildlife trade operation. The amendment was enacted following consultations with relevant authorities and public feedback, ensuring compliance with the Australian Government’s guidelines for ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens instrument applies to specimens that are or are derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens, provided they belong to species not listed under Part 13 of the EPBC Act, were taken lawfully, and are covered by a declaration of an approved wildlife trade operation. This exemption allows for the export of these specimens without requiring export permits while an approved wildlife trade operation declaration for the fishery is in force. The geographic reach of this instrument is specifically within the Commonwealth of Australia, with a jurisdictional focus on the management regime under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008. The instrument was developed in accordance with the Australian Government's guidelines for the ecologically sustainable management of fisheries and involved consultation with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, and the public.
Key Provisions
The main operative sections of this legislation, as detailed in the explanatory statement, are sections 303DC(1) and 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC(1) facilitates the amendment of the list of exempt native specimens, while section 303DB establishes the criteria for exempting certain specimens from trade control provisions. The instrument aims to include specimens derived from fish or invertebrates, taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, in the list of exempt native specimens. This inclusion is contingent on the specimens being taken lawfully and covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act.
The Act imposes specific obligations on parties involved in the trade of these specimens. The specimens must be lawfully taken, as stipulated in the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008, and they must be covered by a declaration of an approved wildlife trade operation. This requirement ensures that the trade of these specimens adheres to ecological sustainability criteria as outlined in the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' The Minister for the Environment and Energy must consult with relevant ministers and stakeholders, including the Queensland Department of Agriculture and Fisheries, before making amendments to the list of exempt native specimens. Public consultation is also mandated, with an opportunity for interested parties to provide comments during a specified period.
The Act does not explicitly detail specific offences, penalties, or consequences for breaches within the instrument itself. However, it is understood that breaches of the EPBC Act provisions generally could lead to civil or criminal penalties, depending on the nature and severity of the offence. The maximum penalties for offences under the EPBC Act can be significant, including substantial fines and imprisonment for individuals and corporations. These penalties are intended to enforce compliance with environmental protection and biodiversity conservation laws, ensuring that the trade of native specimens does not negatively impact the environment or biodiversity.