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 taken in the Queensland Gulf of Carpentaria Line Fishery, other than:
- specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and
- specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list),
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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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 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 consulted with Fisheries Queensland as Fisheries Queensland has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website and comment was invited from interested people for a period of 20 business days. No comments were received.
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.
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 address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act, administered by the Commonwealth Parliament, aims to safeguard Australia’s environmental heritage and promote ecologically sustainable development. A specific legislative instrument amending the List of Exempt Native Specimens under section 303DC of the EPBC Act was introduced to streamline the export process for certain fishery specimens while ensuring compliance with ecological sustainability guidelines. The instrument includes specimens from the Queensland Gulf of Carpentaria Line Fishery in the list of exempt native specimens, subject to lawful taking and coverage by an approved wildlife trade operation declaration. This amendment was made after consultation with relevant stakeholders, including Fisheries Queensland, and public comment, in line with the Act's requirements and 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 instrument specifies that certain specimens from the Queensland Gulf of Carpentaria Line Fishery are to be included in the list of exempt native specimens, thereby exempting them from trade control provisions applicable to regulated native specimens. This inclusion applies to fish and invertebrate specimens taken lawfully, provided they are covered by a declaration of an approved wildlife trade operation under the EPBC Act. Notably, this exemption does not extend to specimens belonging to species listed under Part 13 of the EPBC Act or those listed under section 303CA (Australia’s CITES list). The instrument's application is confined to the Commonwealth jurisdiction, ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. Before making these amendments, the Minister for the Environment consulted with relevant stakeholders, including Fisheries Queensland, and invited public comment, which resulted in no feedback. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of the legislation, specifically Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the criteria for exempting certain native specimens from trade control provisions. Under this section, specimens that are or are derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Line Fishery are included in the list of exempt native specimens, provided they do not belong to 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, namely that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that any specimens included in the list of exempt native specimens must be taken lawfully. This means that the fishing practices from which these specimens are derived must comply with all applicable laws and regulations. Secondly, the specimens must be part of an approved wildlife trade operation as declared under section 303FN of the EPBC Act. This requirement ensures that the trade of these specimens is conducted in a manner that aligns with ecological sustainability and conservation objectives.
The legislation outlines specific offences and penalties for non-compliance with its provisions. While the Act itself does not explicitly state the maximum penalties for breaches, it operates under the broader framework of the EPBC Act, which provides for civil and criminal penalties. Civil penalties for breaches of the EPBC Act can include fines of up to $1.1 million for corporations and $110,000 for individuals, depending on the severity of the offence. Criminal penalties may also apply, with individuals facing imprisonment for up to five years and corporations facing fines of up to $6.6 million. These penalties are intended to enforce compliance with the ecological sustainability criteria and conservation objectives outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.