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 item in the list of exempt native specimens on 25 September 2012 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, and
specimens that belong to taxa listed under section 303CA of the EPBC Act,
taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, as defined in the management regime in force under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994,
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 6 June 2014.
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 6 June 2014. 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 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.
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 Act aims to ensure that the ecological sustainability of various activities, including those involving native species, is maintained. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act, revoking the conditions previously imposed on specimens of fish or invertebrates derived from the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. The amendment imposes new conditions, ensuring that these specimens can continue to be exported until 6 June 2014, provided they were taken lawfully and are not listed under Part 13 of the EPBC Act or section 303CA. This change was made following consultation with Fisheries Queensland, in line with the Australian Government’s guidelines for the ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the trade of native specimens, specifically fish or invertebrates taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. This amendment revokes previous conditions that were subject to the inclusion of these specimens in the list of exempt native specimens and replaces them with new conditions. The new conditions specify that the specimens must be lawfully taken and must remain on the list until 6 June 2014. This legislative instrument applies to entities and individuals involved in the trade of these specimens, ensuring that they comply with the updated conditions. The geographic reach of this Act is national, as it involves the regulation of native specimens across Australia, while also considering the specific management regime defined under Queensland's fisheries laws. Notably, this amendment does not alter the exclusion of specimens belonging to species listed under Part 13 of the EPBC Act or those listed under section 303CA of the Act. The instrument extends its application through subordinate regulations and is subject to consultation requirements stipulated in the EPBC Act.
Key Provisions
The primary operative sections of this legislation pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and its amendment of the List of Exempt Native Specimens (subsection 303DC(3)). Specifically, this instrument revokes the conditions previously imposed on the inclusion of certain specimens derived from fish or invertebrates in the list of exempt native specimens and imposes new conditions (subsection 303DB). These changes apply to specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, as defined by the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994, and are intended to allow continued export of these specimens until 6 June 2014. The decision to include these specimens in the list of exempt native specimens was made in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.
The obligations imposed by this Act on the parties or entities it governs are primarily concerned with ensuring compliance with the new conditions. The specimens must be derived from fish or invertebrates taken lawfully within the defined fishery, and must not belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act. These conditions ensure that the trade of these specimens remains sustainable and ecologically responsible, as per the guidelines mentioned. The Act also requires that the Minister for Sustainability, Environment, Water, Population and Communities consult with relevant stakeholders before making amendments to the list, ensuring a collaborative approach to environmental management.
Failure to comply with the provisions of this Act may result in various consequences, including civil and criminal penalties. While the specific penalties are not detailed in the explanatory statement, breaches of the EPBC Act can result in substantial fines and potential imprisonment, depending on the severity of the breach. The Act's regulatory framework is designed to enforce compliance and protect Australia's biodiversity and ecological integrity.