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 revoke the conditions to which the inclusion of the following items in the list of exempt native specimens 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 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
- 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 Western Deepwater Trawl Fishery and North West Slope 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 25 November 2016.
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 25 November 2016. The only effect of this amendment is to extend this date.
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 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 consulted with the Queensland Department of Agriculture and Fisheries and the Australian Fisheries Management Authority, as the Queensland Department of Agriculture and Fisheries and the Australian Fisheries Management Authority have management responsibilities for the fisheries 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.
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 with respect to matters of national environmental significance. The 2015 amendment to the Act, detailed in F2015L01833, focuses on modifying the list of exempt native specimens to address the needs of sustainable fisheries management. This amendment was introduced by the Australian Government, with the objective of ensuring the ecologically sustainable management of fisheries. By revoking certain conditions and imposing new ones, the amendment allows for the continued export of fish and invertebrate specimens from specific fisheries until 25 November 2016. This legislative instrument was developed following consultation with relevant authorities, including the Queensland Department of Agriculture and Fisheries and the Australian Fisheries Management Authority, ensuring that the changes align with the Australian Government’s guidelines for ecologically sustainable fisheries management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens applies to specimens derived from fish or invertebrates taken in specific fisheries within Australia, specifically the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, the Western Deepwater Trawl Fishery, and the North West Slope Trawl Fishery. These specimens, excluding those belonging to species listed under Part 13 of the EPBC Act, are exempt from trade control provisions applicable to regulated native specimens. The legislation extends its reach to the Commonwealth and relevant state jurisdictions, particularly affecting entities involved in these fisheries. The amendment removes existing conditions that were subject to the inclusion of these specimens in the list of exempt native specimens and imposes new conditions, ensuring that the specimens must be taken lawfully and are included in the list until 25 November 2016. The decision to amend the list was made considering the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the relevant fisheries' management arrangements. The Minister for the Environment consulted with relevant authorities, including the Queensland Department of Agriculture and Fisheries and the Australian Fisheries Management Authority, prior to making the amendment.
Key Provisions
The main operative sections of this legislation (Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) establish the criteria for exempting native specimens from trade control provisions. Specifically, Section 303DC permits the Minister for the Environment to amend the list of exempt native specimens, while Section 303DB defines what constitutes an exempt native specimen. This instrument modifies the list by revoking existing conditions and imposing new ones, allowing continued export of certain fish and invertebrate specimens until 25 November 2016.
The Act imposes several obligations on the parties involved. Firstly, it requires the Minister for the Environment to consult with relevant Commonwealth ministers, state and territory ministers, and other persons and organisations as deemed appropriate before amending the list of exempt native specimens. In this instance, the Minister consulted with the Queensland Department of Agriculture and Fisheries and the Australian Fisheries Management Authority, who have management responsibilities for the fisheries concerned. Secondly, it mandates that the specimens included in the list must be taken lawfully. Additionally, the new conditions stipulate that these specimens are included in the list until 25 November 2016, ensuring a clear timeframe for their export.
Failure to comply with the provisions of this Act could result in civil or criminal consequences. Although the specific penalties are not detailed in the text, breaches of the EPBC Act generally attract penalties under Section 510, which includes fines of up to $66,000 for individuals and $330,000 for corporations, as well as potential imprisonment. The Act’s amendments, by revoking existing conditions and imposing new ones, are designed to ensure that the trade of these specimens remains lawful and ecologically sustainable, thereby avoiding any adverse consequences for the environment or the parties involved.