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 18 August 2010 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 Act, taken in the Queensland Gulf of Carpentaria Inshore Finfish 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;
- the specimens are included in the list until 12 May 2011;
- operation of the Gulf of Carpentaria Inshore Finfish Fishery will be carried out in accordance with the management arrangements in force under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999 in force under the Queensland Fisheries Act 1994; and
- Fisheries Queensland to advise the Department of Sustainability, Environment, Water, Population and Communities of any proposed substantive changes to the Gulf of Carpentaria Inshore Finfish Fishery management arrangements that may affect the assessment of the fishery against the criteria on which EPBC Act decisions are based.
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 12 May 2011.
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 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.
Unique Identifying Number: EPBC303DC/SFS/2010/54
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, and to facilitate ecologically sustainable development. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act to address the specific issue of specimens derived from fish or invertebrates in the Queensland Gulf of Carpentaria Inshore Finfish Fishery. The purpose of this amendment is to ensure that these specimens remain exempt from the trade control provisions applicable to regulated native specimens, thereby allowing their continued export until 12 May 2011, subject to certain conditions. These conditions include the lawful taking of specimens, adherence to Queensland fisheries management arrangements, and the requirement for Fisheries Queensland to notify the Department of any proposed changes that may affect the fishery's ecological sustainability assessment. The amendment reflects the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and was made following appropriate consultations, as mandated by the EPBC Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment, as embodied in the legislative instrument F2010L02942, pertains to the list of exempt native specimens, specifically focusing on fish and invertebrate specimens taken in the Queensland Gulf of Carpentaria Inshore Finfish Fishery. This amendment ensures that these specimens are exempt from trade control provisions applicable to regulated native specimens, provided they are not species listed under Part 13 of the Act. The conditions attached to this exemption stipulate that the specimens must be lawfully taken, be included in the list until 12 May 2011, and that the fishery's operations must comply with the management arrangements under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999. Additionally, Fisheries Queensland is required to inform the Department of Sustainability, Environment, Water, Population and Communities of any significant changes to the fishery's management arrangements that could impact the ecological sustainability assessment. This legislative instrument applies nationally within Australia and aims to facilitate continued export of these specimens until the specified date, taking into account the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The main operative sections of this legislation, as outlined in the explanatory statement, involve the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). This amendment revokes previous conditions that applied to specimens taken in the Queensland Gulf of Carpentaria Inshore Finfish Fishery, while also imposing new conditions for their inclusion in the list of exempt native specimens. Specifically, these specimens are exempt from trade control provisions if they are lawfully taken, are included in the list until 12 May 2011, and the fishery operates in accordance with specific Queensland management arrangements. Additionally, Fisheries Queensland is mandated to inform the Department of Sustainability, Environment, Water, Population and Communities of any substantive changes to the fishery’s management arrangements.
The Act imposes several obligations on the parties involved. Firstly, it requires that specimens taken in the fishery must be derived lawfully, ensuring compliance with local regulations. Secondly, the specimens must adhere to the specific inclusion period in the list of exempt native specimens, which ends on 12 May 2011. Thirdly, the operation of the fishery must align with the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999 under the Queensland Fisheries Act 1994. Finally, Fisheries Queensland has the responsibility to notify the relevant federal department of any significant changes to the fishery’s management plans that could impact the ecological sustainability assessment.
The legislation also outlines potential consequences for non-compliance. While the explanatory statement does not detail specific offences, penalties, or consequences, it is implied that failure to meet the conditions for exemption could result in the specimens no longer being exempt from trade control provisions. This could potentially lead to legal action under the EPBC Act, with associated penalties and sanctions. Given the context of the Act, penalties could include fines, imprisonment, or other legal repercussions, although the exact penalties would be subject to the broader provisions of the EPBC Act and other relevant legislation.