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 13 June 2013.
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 13 June 2013. 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.
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 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 by the Parliament of Australia to address the need for comprehensive environmental protection and biodiversity conservation. This legislative framework aims to safeguard Australia’s unique ecosystems and species, including native flora and fauna, and to manage the environmental impacts of activities that may affect these areas. The Act seeks to achieve this by regulating activities that could harm the environment and by promoting the ecologically sustainable use of natural resources. One of the key mechanisms under the EPBC Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This amendment to the list of exempt native specimens, enacted through legislative instrument F2012L02389, was designed to facilitate the continued export of certain fish and invertebrate specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, while ensuring compliance with the ecological sustainability guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment, as outlined in F2012L02389, specifically addresses the listing of exempt native specimens by modifying the conditions under which certain specimens derived from fish or invertebrates are exempt from trade control provisions. This amendment applies to specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, subject to the management regimes established under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. Specimens of species listed under Part 13 of the EPBC Act and those listed under section 303CA of the EPBC Act are excluded from this exemption. The legislative instrument imposes conditions that the specimens must be lawfully taken and remain exempt until 13 June 2013. This change facilitates continued export of these specimens until the specified date. The amendment was developed in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’ and involved consultation with relevant parties, including Fisheries Queensland. The instrument is effective from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of the legislation pertain to the modification of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Sections 303DC and 303DB). This legislative instrument revokes the conditions under which specimens derived from fish or invertebrates, excluding those listed under Part 13 of the EPBC Act and section 303CA, taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, were previously exempt from trade controls. It imposes new conditions that these specimens must be lawfully taken and remain in the list of exempt native specimens until 13 June 2013.
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that any specimens derived from the specified fishery and exempt from trade controls are lawfully taken. The Act also mandates that these specimens remain exempt until the specified date, 13 June 2013. Compliance with these conditions is crucial for continued legal export of these specimens.
In terms of consequences for breach, the legislation does not explicitly detail offences, penalties, or civil/criminal consequences within the provided text. However, under the broader scope of the EPBC Act, failure to comply with the trade control provisions for regulated native specimens could result in significant penalties. These can include fines and imprisonment, with specific maximum penalties varying depending on the severity and intent of the breach. The Act's overarching framework ensures that breaches of environmental and biodiversity regulations are taken seriously and are subject to stringent enforcement measures.