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 (the EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included on 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 to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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, taken in the Queensland Marine Aquarium Fish Fishery, as defined in the management arrangements in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008.
The inclusion of the specimens in the list is subject to the following notations:
- 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 on the list of exempt native specimens will allow continued export of these specimens while the fishery is covered by a current declaration as an approved Wildlife Trade Operation under section 303FN of the EPBC Act.
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 must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organizations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Queensland Minister for Primary Industries and Fisheries and the Queensland Department of Primary Industries and Fisheries as the Minister and Department have management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 22 days. Any comments received were taken into account in the decision to include the fishery on the list of exempt native specimens.
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/2008/35
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with respect to matters of national environmental significance, and to manage the impact of Commonwealth activities on the environment. One of the mechanisms provided by the Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. This list aims to balance conservation efforts with the sustainable use of native species. The Delegate of the Minister for Environment, Heritage and the Arts amended the list of exempt native specimens to include certain fish and invertebrate specimens from the Queensland Marine Aquarium Fish Fishery, subject to specific conditions. This inclusion allows for the continued export of these specimens while ensuring that the fishery complies with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list involved consultation with relevant Queensland authorities and a public comment period to ensure that the interests of stakeholders and the ecological sustainability of the fishery were considered.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as articulated in the legislative instrument F2008L04395, pertains to specimens of fish and invertebrates harvested under the Queensland Marine Aquarium Fish Fishery. These specimens, if they are not species listed under Part 13 of the EPBC Act, are to be included in the list of exempt native specimens, thereby exempting them from the trade control provisions applicable to regulated native specimens. This inclusion is contingent on the specimens being lawfully taken and covered by an approved Wildlife Trade Operation declaration under section 303FN of the EPBC Act. This legislative amendment is applicable across the Commonwealth and is specifically tailored to entities and persons involved in the Queensland Marine Aquarium Fish Fishery, including those conducting trade operations within this sector. The legislative instrument extends its reach to ensure that trade in these specimens continues to be lawful as long as the fishery remains declared under the relevant section of the EPBC Act. The decision to amend the list involved consultation with relevant Queensland state authorities and public comment was sought through advertisement on the Department of the Environment, Water, Heritage and the Arts' website.
Key Provisions
The primary sections of this legislative instrument, specifically Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the framework for including specimens in the list of exempt native specimens. According to Section 303DC, the Minister for Environment, Heritage and the Arts has the authority to amend this list, and the process involves consultation with relevant state ministers and stakeholders, as well as public advertisement and consideration of any received comments. The specimens in question are those taken from the Queensland Marine Aquarium Fish Fishery, which are fish or invertebrate specimens, excluding those belonging to species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list exempts them from the trade control provisions that apply to regulated native specimens, provided certain conditions are met.
The obligations imposed by this Act on the parties involved are multifaceted. Firstly, the specimens must be taken lawfully, meaning they must comply with the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the EPBC Act. This requirement ensures that the fishery is operating within the legal and sustainable frameworks set forth by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Environment, Heritage and the Arts also has a duty to consult with relevant stakeholders, including the Queensland Minister for Primary Industries and Fisheries and the Queensland Department of Primary Industries and Fisheries, before making any amendments to the list of exempt native specimens.
In terms of legal consequences, breaches of the conditions set out for the inclusion of specimens in the list of exempt native specimens can result in various penalties and enforcement actions. While specific penalties are not detailed in the explanatory statement, the EPBC Act generally provides for both civil and criminal penalties for violations. Civil penalties can include fines, while criminal penalties can involve imprisonment, reflecting the seriousness with which the Act treats non-compliance. The exact penalties would depend on the nature and severity of the breach, as well as any other relevant legislation. The Act ensures that any breaches are dealt with in a manner that upholds the ecological sustainability and legal integrity of the fishery.