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 24 May 2013.
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 24 May 2013.
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.
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 biodiversity conservation and the regulation of activities that may have significant impacts on the environment. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia’s biodiversity and ecosystems. The Act was passed by the Australian Parliament and aims to balance environmental protection with economic activities, ensuring that development and conservation objectives are met in a sustainable manner. The Act provides mechanisms for the regulation of activities that may impact the environment and establishes a list of native specimens that are exempt from trade control provisions to facilitate sustainable management of fisheries and other natural resources.
Scope and Application
The F2012L02195 legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by altering the conditions under which certain specimens are exempt from trade controls. Specifically, the Act pertains to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland Mud Crab Fishery. This amendment revokes the previous conditions attached to the inclusion of these specimens in the list of exempt native specimens and imposes new conditions: the specimens must be lawfully taken, and their inclusion in the list remains in effect until 24 May 2013. This legislative change ensures the continued export of these specimens until the specified date. The decision to amend the list was informed by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’ and followed consultation with relevant authorities and interested parties.
Key Provisions
The main operative sections of this legislation (F2012L02195) relate to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DB of the EPBC Act, which provides for the establishment of a list of exempt native specimens, is being modified. The amendment revokes the conditions that were previously imposed on specimens derived from fish or invertebrates in the Queensland Mud Crab Fishery, except for those belonging to species listed under Part 13 of the EPBC Act. It also imposes new conditions, stating that these specimens must have been taken lawfully and that they will remain exempt until 24 May 2013. This change aims to facilitate the continued export of these specimens until the specified date.
The obligations and requirements imposed by this legislation primarily concern entities involved in the trade of native specimens, particularly those taken from the Queensland Mud Crab Fishery. Entities must ensure that any specimens they export are taken lawfully and comply with the newly imposed conditions. This includes adherence to the stipulation that specimens remain exempt from trade control provisions until 24 May 2013. Furthermore, the legislation requires consultation with relevant stakeholders, including Fisheries Queensland, as well as public consultation via the Department of Sustainability, Environment, Water, Population and Communities’ website. All feedback received during the consultation period must be considered in the decision-making process.
The legislation also outlines specific offences, penalties, and consequences for breaches. While the explanatory statement does not detail specific penalties, it is implied that any failure to comply with the conditions regarding the lawful taking of specimens and adherence to the exemption period could result in legal repercussions. Under the EPBC Act, unauthorised trade in regulated native specimens can lead to significant civil and criminal penalties, including substantial fines and imprisonment. These penalties are intended to enforce compliance and protect the ecological sustainability of the fishery, ensuring that trade practices do not adversely affect protected species or the broader environment.