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, 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,
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 13 December 2012.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 13 December 2012.
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 responsibility for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on 25 September 2012.
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 biodiversity and heritage, and to regulate activities that may have a significant impact on the environment. In line with this overarching objective, the Act establishes a list of exempt native specimens which are exempt from the trade control provisions that apply to regulated native specimens. In 2012, an amendment was made to this list in accordance with Section 303DC of the Act, including certain specimens of fish or invertebrates taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery under specific conditions. This was achieved through F2012L01913, a legislative instrument that was introduced following consultation with relevant stakeholders, including Fisheries Queensland. The amendment aims to facilitate continued export of these specimens until 13 December 2012, subject to compliance with certain conditions, and aligns with the Australian Government’s guidelines for ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens is a legislative instrument that modifies the EPBC Act to include certain fish and invertebrate specimens in the list of exempt native specimens. This amendment applies specifically to specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. The inclusion in the list exempts these specimens from the trade control provisions that apply to regulated native specimens, subject to the conditions that the specimens were taken lawfully and remain exempt until 13 December 2012. Notably, the amendment does not apply to specimens of species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act. The decision to amend the list was made in consultation with Fisheries Queensland, reflecting adherence to the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries.' This legislative instrument commenced on 25 September 2012 and does not infringe on any rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument amends the list to include certain specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. These specimens, which are derived from fish or invertebrates, are exempt from the trade control provisions provided they are not from species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act. The inclusion of these specimens in the list is subject to certain conditions, including that the specimens were taken lawfully and that they are included in the list until 13 December 2012. This amendment facilitates the continued export of these specimens until the specified date.
The Act imposes certain obligations on the parties or entities it governs. Firstly, it mandates that any specimens included in the list of exempt native specimens must have been taken lawfully. This means that they must comply with the relevant fishing regulations and management arrangements, as overseen by Fisheries Queensland. Secondly, the Act specifies that the inclusion of these specimens in the list is conditional and temporary, lasting only until 13 December 2012. This requirement ensures that the ecological sustainability of the fishery is continuously monitored and managed in accordance with the Australian Government’s guidelines.
Breach of the provisions outlined in this legislative instrument could lead to various civil or criminal consequences. Although specific offences and penalties are not detailed in the explanatory statement, general provisions under the EPBC Act could apply. Typically, violations of the Act could result in fines or imprisonment, depending on the severity and intent of the breach. The maximum penalties under the EPBC Act can include substantial fines for corporations and imprisonment for individuals, reflecting the seriousness of environmental and biodiversity conservation breaches. Compliance with the Act is essential to avoid these potential legal repercussions.