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 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 Regulation 1995 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 included in the list until 25 November 2015.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 25 November 2015.
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 responsibility 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 22 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/2010/68
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act addresses the problem of unregulated trade of native specimens that could potentially lead to biodiversity loss and ecological imbalance. The Act includes a provision for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The EPBC Act Amendment of the List of Exempt Native Specimens in accordance with Section 303DC, enacted to include certain fish and invertebrate specimens from the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery in the list of exempt native specimens, aims to allow continued export of these specimens under specific conditions until 25 November 2015. The policy objective, as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, is to ensure that the management arrangements for the fishery are ecologically sustainable. The decision to include these specimens in the list involved consultation with relevant stakeholders and public comment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens concerns the regulation of native specimens within Australia. Specifically, it pertains to specimens that are or are derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, excluding those that belong to species listed under Part 13 of the EPBC Act. This amendment allows for the continued export of these specimens until 25 November 2015, provided they were taken lawfully and are included in the list under specific restrictions or conditions. The instrument operates nationally within the Commonwealth, impacting fisheries management and biodiversity conservation by ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list involved consultation with relevant stakeholders, including Fisheries Queensland, and public comment was solicited and considered before the amendment was enacted. This legislative instrument is subject to the Legislative Instruments Act 2003, and its effect commenced the day after registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation, specifically Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish a list of exempt native specimens. These sections permit the inclusion of certain fish and invertebrate specimens taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery into the list of exempt native specimens, which means these specimens are exempt from the trade control provisions applicable to regulated native specimens. This inclusion is contingent upon the specimens being taken lawfully and is valid until 25 November 2015. The decision to amend the list was made after considering the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and following consultations with relevant stakeholders.
The Act imposes several obligations on the parties involved. The Minister for Sustainability, Environment, Water, Population and Communities must consult with other relevant ministers and stakeholders before amending the list of exempt native specimens. This consultation ensures that the decision aligns with broader ecological and regulatory frameworks. In this case, the Minister's delegate consulted with Fisheries Queensland, the authority responsible for managing the fishery. Additionally, the proposal was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting public comments which were duly considered before finalizing the decision.
In terms of consequences, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within this legislative instrument. However, any unauthorized trade of specimens that should be regulated but are mistakenly or wilfully listed as exempt could potentially lead to enforcement actions under other sections of the EPBC Act, including fines and imprisonment, depending on the severity and intent of the breach. The focus of this instrument is primarily on regulatory compliance and ensuring that the ecological sustainability criteria are met through proper consultation and public engagement.