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 12 April 2006 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 River and Inshore (Beam) Trawl Fishery
and impose the following conditions to which the inclusion of the specimens in the list are 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 9 October 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 9 October 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 the Queensland Department of Agriculture, Fisheries and Forestry as the Queensland Department of Agriculture, Fisheries and Forestry has management responsibilities for the fishery concerned.
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. This Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument, F2015L00506, amends the list of exempt native specimens to revoke the conditions on specimens taken in the Queensland River and Inshore (Beam) Trawl Fishery, while imposing new conditions that require the specimens to be taken lawfully and to remain in the list until 9 October 2015. This change ensures continued export of these specimens while aligning with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment consulted with relevant stakeholders, including the Queensland Department of Agriculture, Fisheries and Forestry, in accordance with subsection 303DC(3) of the EPBC Act before making this amendment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains specifically to the trade control provisions governing native specimens under the EPBC Act. This legislative instrument focuses on specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, which are taken in the Queensland River and Inshore (Beam) Trawl Fishery. The amendment revokes existing conditions that imposed restrictions on the inclusion of these specimens in the list of exempt native specimens and instead sets new conditions. These conditions require that the specimens were taken lawfully and that they remain included in the list until 9 October 2015, facilitating the continued export of these specimens within this timeframe. This amendment applies nationally and is effective across all jurisdictions in Australia, impacting fisheries and the trade of native specimens within the specified parameters. The decision to amend the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the fishery’s management arrangements was considered.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens (section 303DB). This legislative instrument amends the list of exempt native specimens by revoking the existing conditions and imposing new conditions (section 303DC). Specifically, it exempts specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland River and Inshore (Beam) Trawl Fishery, from trade control provisions. This exemption is subject to the conditions that the specimens must be taken lawfully and that they remain on the list until 9 October 2015.
The obligations imposed by this Act on the parties involved are straightforward. Any specimens that are to be included in the list of exempt native specimens must be taken lawfully, ensuring compliance with relevant fishing regulations and laws. Additionally, these specimens must be included in the list only until 9 October 2015, as stipulated in the new conditions. The Act mandates consultation with relevant authorities before making amendments to the list, which in this case involved the Queensland Department of Agriculture, Fisheries and Forestry, given their management responsibilities for the fishery.
Failure to comply with the provisions of the Act can lead to various consequences. The Act does not explicitly detail specific offences, penalties, or consequences for breaches. However, generally under the EPBC Act, breaches of regulations and provisions can result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the offence. The maximum penalties for breaches of the Act can vary, but they are typically aligned with the severity and intent behind the non-compliance.