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 23 November 2012.
The only effect of this amendment is to extend this date. 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 23 November 2012.
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.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation was introduced to address the need for comprehensive environmental protection and biodiversity conservation in Australia, ensuring that significant impacts on the environment are assessed and managed effectively. The Act was enacted by the Parliament of Australia and its policy objective is to protect and manage Australia’s biodiversity and environment, including the regulation of activities that may impact on matters of national environmental significance. The F2012L01717 legislative instrument amends the List of Exempt Native Specimens under the EPBC Act, specifically concerning specimens taken in the Queensland Mud Crab Fishery. This amendment revokes previous conditions and imposes new conditions to extend the exemption period until 23 November 2012, facilitating continued export of these specimens while ensuring compliance with ecological sustainability criteria.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains specifically to specimens derived from fish or invertebrates within the Queensland Mud Crab Fishery, as delineated under the Queensland Fisheries Regulations 2008. This legislation operates to exempt these specimens from the trade control provisions applicable to regulated native specimens, provided they were lawfully taken and are not species listed under Part 13 of the EPBC Act. The exemption is subject to specific conditions, including the lawful acquisition of the specimens and their inclusion in the list until 23 November 2012. This legislative instrument ensures compliance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’, which guide the assessment of the ecological sustainability of the relevant fishery’s management arrangements. The amendment revokes previous conditions and imposes new ones to facilitate continued export of these specimens until the specified date, thereby reflecting the ecological sustainability criteria and the need for ongoing consultation with relevant stakeholders such as Fisheries Queensland.
Key Provisions
The main operative sections of this legislative instrument pertain to 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). Specifically, it revokes the previous conditions governing the inclusion of certain specimens derived from fish or invertebrates in the Queensland Mud Crab Fishery, which were subject to certain conditions until 23 November 2012. The new conditions stipulate that these specimens must be taken lawfully and remain exempt from trade control provisions until the extended date of 23 November 2012. This amendment is designed to ensure continued export of these specimens without the constraints of trade controls until the specified date.
In accordance with the Act, the obligations and requirements imposed on the parties involved are straightforward. Firstly, the specimens in question, which are derived from fish or invertebrates, must have been taken lawfully. This means that they must be harvested in compliance with existing laws and regulations governing the Queensland Mud Crab Fishery, including those outlined under the Fisheries Act 1994 and the Queensland Fisheries Regulations 2008. Furthermore, the inclusion of these specimens in the list of exempt native specimens is contingent upon these conditions being met. There is also an administrative requirement for the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant stakeholders, such as Fisheries Queensland, before making any amendments to the list. This consultation process ensures that the decision to include these specimens is informed by relevant expertise and considerations.
The legislative instrument does not explicitly outline specific offences, penalties, or civil and criminal consequences for breach. However, any breach of the conditions or requirements stipulated in the Act could potentially lead to legal repercussions under broader environmental and biodiversity laws. The EPBC Act itself includes provisions for enforcement, which may involve penalties for non-compliance with its trade control provisions. Such penalties could include fines or imprisonment, depending on the severity and nature of the breach. Given that the instrument is designed to extend the exemption period for certain specimens until 23 November 2012, failure to adhere to the conditions could result in the specimens no longer being exempt from trade controls, potentially affecting their export.