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 20 February 2015.
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 20 February 2015. 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 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 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 the Environment’s 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 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 by the Australian Parliament to provide for the protection of the environment, particularly biodiversity, and to ensure the ecologically sustainable development of the nation. The Act establishes a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument, F2014L00165, amends the list of exempt native specimens to revoke existing conditions for specimens derived from fish or invertebrates taken in the Queensland Mud Crab Fishery, other than those belonging to species listed under Part 13 of the EPBC Act. By removing these conditions and imposing new ones, the instrument facilitates the continued export of these specimens until 20 February 2015. The decision to amend the list was made after consulting Fisheries Queensland and inviting public comment, in line with the legislative requirements under the EPBC Act. The policy objective of this amendment is to allow for the ecologically sustainable management of fisheries while ensuring that trade in native specimens is conducted in compliance with environmental protections.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens applies to specimens derived from fish or invertebrates taken in the Queensland Mud Crab Fishery, specifically excluding those belonging to species listed under Part 13 of the EPBC Act. The Act exempts these specimens from the trade control provisions that apply to regulated native specimens, facilitating their export. The primary application of this amendment is to allow continued export of these specimens until 20 February 2015, extending the previously set date. This legislative instrument operates within the Commonwealth jurisdiction and impacts entities involved in the Queensland Mud Crab Fishery, ensuring compliance with the Australian Government's guidelines for ecologically sustainable management of fisheries. The Minister for the Environment must consult relevant state and territory ministers and other stakeholders before amending the list, as stipulated by Subsection 303DC(3) of the EPBC Act. This consultation process ensures that the amendment aligns with broader ecological sustainability goals and stakeholder interests.
Key Provisions
The main operative sections of this legislation (Sections 303DC and 303DB of the Environment Protection and Biodiversity Conservation Act 1999) pertain to the amendment of the list of exempt native specimens. According to Section 303DB, specimens included in this list are exempt from the trade control provisions that apply to regulated native specimens. The current amendment revokes the conditions for specimens taken in the Queensland Mud Crab Fishery, which were previously subject to specific conditions. These specimens, which are derived from fish or invertebrates but are not listed under Part 13 of the EPBC Act, will now be exempt from trade controls until 20 February 2015, provided they were taken lawfully. This change allows for the continued export of these specimens until the specified date.
The Act imposes certain obligations and requirements on parties and entities it governs. Firstly, any specimens derived from the Queensland Mud Crab Fishery that are to be included in the list of exempt native specimens must have been taken lawfully. This ensures that the specimens are obtained in accordance with relevant fishing regulations and laws. Secondly, the Minister for the Environment is required to consult with appropriate Commonwealth ministers, state ministers, and potentially other persons or organisations as deemed necessary before amending the list of exempt native specimens. This consultation process ensures that all relevant stakeholders have an opportunity to provide input on the proposed changes.
Any breaches of the provisions in this legislation may result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not detailed within the text provided. Typically, under the EPBC Act, breaches can lead to substantial fines or imprisonment, depending on the severity and nature of the offence. The exact penalties would be determined in accordance with the relevant sections of the EPBC Act and other applicable laws. It is important to note that this instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments.