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 12 November 2005 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 Line 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 29 November 2013.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, until 29 November 2013.
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, Heritage and Water 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, Heritage and Water 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.
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. One of the ways it achieves this is by regulating the trade of native specimens through a list of exempt native specimens that are not subject to the same trade control provisions as regulated native specimens. The 2013 legislative instrument amends the list of exempt native specimens under Section 303DC of the EPBC Act, removing previous conditions on certain specimens derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Line Fishery, and imposing new conditions. This change allows for the continued export of these specimens without requiring export permits, provided the specimens were taken lawfully and are included in the list until 29 November 2013. The amendment reflects the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the management of the fishery aligns with ecological sustainability criteria. The decision to make these changes was preceded by consultations with relevant stakeholders, including Fisheries Queensland, as mandated by the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as detailed in F2013L01633, pertains to the modification of the list of exempt native specimens under Section 303DC. This amendment affects specimens that are or are derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Line Fishery, excluding those belonging to species listed under Part 13 of the Act. The primary purpose of this legislative instrument is to allow continued export of these specimens without the requirement of export permits until 29 November 2013, provided the specimens were taken lawfully. The amendment was made following consultations with relevant authorities, including Fisheries Queensland, and in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument applies across the Commonwealth of Australia and is designed to facilitate compliance with ecological sustainability criteria in fishery management.
Key Provisions
The main operative sections of this legislation (Section 303DB and 303DC) establish a list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specimens listed in this category are exempt from the trade control provisions that apply to regulated native specimens. This particular instrument modifies the list to remove specific conditions previously imposed on specimens taken from the Queensland Gulf of Carpentaria Line Fishery, while still ensuring they are included in the exempt list until 29 November 2013. The decision to include these specimens in the exempt list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide criteria for assessing the ecological sustainability of fisheries' management arrangements.
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that any specimens derived from the Queensland Gulf of Carpentaria Line Fishery must be taken lawfully and that they remain included in the list of exempt native specimens until the specified date. The Act also mandates consultation with relevant ministers and stakeholders, such as Fisheries Queensland, before making amendments to the list of exempt specimens. These consultations ensure that the ecological sustainability and legal considerations of the fishery are taken into account when making amendments.
In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly state maximum penalties for non-compliance. However, any breach of the provisions regarding the trade control of native specimens could potentially lead to legal consequences under the EPBC Act. These may include fines, imprisonment, or other penalties as prescribed by the Act. The specific penalties would depend on the nature and severity of the breach, as well as the relevant sections of the EPBC Act that are contravened.