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 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 the Queensland Department of Agriculture and Fisheries as the Queensland Department of Agriculture and Fisheries 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 22 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 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. One of its key mechanisms is the regulation of the trade of native specimens, with certain exemptions outlined in the Act. This legislative instrument, F2015L01650, amends the list of exempt native specimens under section 303DC of the EPBC Act, allowing for continued export of specimens derived from the Queensland Mud Crab Fishery without the requirement for export permits, provided certain conditions are met. The instrument was developed in consultation with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, and after inviting public comment. The policy objective is to facilitate the sustainable management and trade of native specimens while ensuring compliance with the EPBC Act’s ecological sustainability guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens regulation amends the list of exempt native specimens under the EPBC Act, specifically concerning specimens derived from fish or invertebrates in the Queensland Mud Crab Fishery. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they are taken lawfully and are covered by a declaration of an approved wildlife trade operation. This amendment applies to specimens taken in the Queensland Mud Crab Fishery as defined under the Queensland Fisheries Regulations 2008 and aims to facilitate continued export without requiring export permits while the approved wildlife trade operation declaration is in force. The regulation is applicable to entities and individuals involved in the trade of these specimens within Australia, and its jurisdictional reach is confined to Commonwealth waters and the management arrangements under the Fisheries Act 1994. There are no stated exclusions or thresholds in this specific amendment, and its application may be extended or restricted through subordinate instruments as per the EPBC Act provisions.
Key Provisions
The main operative sections of this legislation are Sections 303DC, 303DB, and 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC allows for the amendment of the list of exempt native specimens, while Section 303DB outlines the conditions under which specimens can be exempt from trade control provisions. Section 303FN pertains to the declaration of an approved wildlife trade operation. This instrument specifically revokes the conditions that were previously applied to specimens derived from the Queensland Mud Crab Fishery and imposes new conditions for their inclusion in the list of exempt native specimens. These conditions include that the specimens must be taken lawfully and be covered by a declaration of an approved wildlife trade operation. The new conditions facilitate the continued export of these specimens without the need for export permits, provided that an approved wildlife trade operation declaration is in force for the fishery.
The Act imposes several obligations and requirements on the parties involved. Firstly, the Minister for the Environment is required to consult with relevant Commonwealth and state ministers, as well as other persons and organisations deemed appropriate, before amending the list of exempt native specimens. In this case, consultation was undertaken with the Queensland Department of Agriculture and Fisheries, given their management responsibilities for the fishery. Additionally, the proposal to amend the list was advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 22 business days. All received comments were considered in the final decision to include specimens from the fishery in the list of exempt native specimens.
The legislation also outlines the consequences of non-compliance with its provisions. Although the specific penalties for breach are not detailed in the provided text, it is generally understood that breaches of the EPBC Act can lead to both civil and criminal penalties. These can include substantial fines, imprisonment, or both, depending on the severity and nature of the offence. The precise penalties are determined by the courts and can vary widely based on the specific circumstances of each case. Additionally, any entity found to be in breach may face reputational damage and potential loss of trade licences or permits.