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 16 April 2008 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, taken in the Queensland Mud Crab Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the 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 21 February 2014.
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 21 February 2014. 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. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in 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.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment of List of Exempt Native Specimens
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.
Overview of the Legislative Instrument
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 16 April 2008 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, taken in the Queensland Mud Crab Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the 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 21 February 2014.
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 21 February 2014. The only effect of this amendment is to extend this date.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Geoff Richardson, Assistant Secretary, Marine Biodiversity and Biosecurity Branch (Delegate of the Minister for Sustainability, Environment, Water, Population and Communities)
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act aims to ensure that the ecological impact of proposed activities is properly assessed and managed. This legislation was introduced to address the need for a comprehensive legal framework to protect Australia's biodiversity and environment, ensuring sustainable development and the conservation of ecologically significant areas and species. The Act allows for the creation of a list of exempt native specimens to facilitate trade and management of native species while maintaining environmental protections. In this context, the legislative instrument amends the list of exempt native specimens to revoke certain conditions and impose new conditions, ensuring continued lawful export of certain specimens until a specified date, in line with the Act's objective of balancing ecological sustainability with economic activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains to specimens that are or are derived from fish or invertebrates, specifically those taken in the Queensland Mud Crab Fishery, as defined in the regime under the Queensland Fisheries Regulations 2008, in force under the Fisheries Act 1994, provided they do not belong to species listed under Part 13 of the EPBC Act. This legislative amendment applies to any entity or person involved in the lawful taking and export of these specimens. The act applies nationally, across all jurisdictions in Australia, as it is a Commonwealth Act. The amendment seeks to extend the date until which these specimens remain exempt from trade control provisions, thus allowing continued export until 21 February 2014. This instrument is a legislative instrument under the Legislative Instruments Act 2003, and it commenced on the day after its registration on the Federal Register of Legislative Instruments. It also aligns with the human rights standards as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011, with no implications for the applicable rights or freedoms.
Key Provisions
The key provisions of this legislative instrument are found under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which provides for the establishment of a list of exempt native specimens. The primary change here is the amendment to the conditions governing the inclusion of certain specimens in this list, specifically those derived from fish or invertebrates taken in the Queensland Mud Crab Fishery. Previously, these specimens were exempt from trade controls provided they were taken lawfully, but their exemption was subject to certain conditions that are now revoked and replaced. The new conditions state that the specimens remain exempt until 21 February 2014, provided they were taken lawfully.
The Act imposes several obligations and requirements on the parties involved. First, the specimens must be derived from fish or invertebrates taken in the Queensland Mud Crab Fishery, as defined under the Queensland Fisheries Regulations 2008. Second, these specimens must not belong to species listed under Part 13 of the EPBC Act. Additionally, the specimens must have been taken in accordance with the law, meaning they must have been harvested legally under the Fisheries Act 1994 and its regulations. This ensures that the trade in these specimens does not contribute to the illegal or unsustainable fishing practices.
For breaches of the conditions, the Act does not specify particular offences, penalties, or consequences within the text. However, under the EPBC Act, breaches of trade control provisions or other related regulations could result in civil or criminal penalties. For example, civil penalties for contravening the Act can include fines up to $66,600 for individuals and up to $333,000 for corporations, with additional penalties for repeat offences. Criminal penalties might also apply, depending on the severity and intent of the breach, and could result in fines or imprisonment. The exact penalties would be determined in the context of the broader Act and relevant case law.
In summary, this legislative instrument amends the conditions for the exemption of certain fish and invertebrate specimens from trade controls under the EPBC Act. It requires these specimens to be lawfully taken and sets a new deadline for their exemption, extending the period until 21 February 2014. The obligations are clearly defined, focusing on lawful harvesting and compliance with fisheries regulations. While specific penalties for breaches are not detailed in the text, the broader EPBC Act provides a framework for imposing both civil and criminal sanctions for non-compliance.