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 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 12 April 2012.
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 12 April 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 the 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 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.
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, enacted by the Parliament of Australia, addresses the protection of biodiversity and the sustainable use of natural resources. This Act, through its various provisions, aims to balance economic development with the preservation of the environment, including the regulation of the trade of native specimens. One particular aspect of the Act involves 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 F2012L00297 amends the list of exempt native specimens to allow for the continued export of certain fish and invertebrate specimens derived from a specific fishery in Queensland, under certain conditions, until 12 April 2012. This amendment follows consultation with relevant authorities and considers the guidelines for the ecologically sustainable management of fisheries.
Scope and Application
The amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the list of exempt native specimens, specifically targeting fish and invertebrate specimens taken in the Queensland River and Inshore (Beam) Trawl Fishery. This legislation applies to persons and entities engaged in the trade of these specimens, particularly those involved in lawful fishing activities and subsequent exportation. The amendment revokes previous conditions attached to the exemption and imposes new conditions, including that the specimens must be taken lawfully and remain exempt until 12 April 2012. The amendment extends nationally, reflecting its origin under Commonwealth jurisdiction, and is consistent with Australia's commitment to ecologically sustainable fisheries management. Notably, it excludes specimens belonging to species listed under Part 13 of the EPBC Act, thereby maintaining stringent controls on those species. The instrument operates within the framework of the EPBC Act and does not infringe upon any rights or freedoms recognised under domestic or international human rights instruments.
Key Provisions
The primary sections of the legislative instrument (F2012L00297) address the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This instrument revokes the previous conditions applied to specimens derived from fish or invertebrates taken in the Queensland River and Inshore (Beam) Trawl Fishery, and imposes new conditions (section 303DC). Specifically, the new conditions require that the specimens or the fish or invertebrates from which they are derived must have been taken lawfully, and the specimens will be included in the list of exempt native specimens until 12 April 2012.
The Act imposes several obligations on parties involved with these specimens. Firstly, it mandates that any specimens derived from fish or invertebrates in the specified fishery must be taken lawfully. This requirement ensures compliance with existing fisheries laws and regulations. Additionally, the Act requires that all parties involved in the trade or export of these specimens must adhere to the specified conditions, namely that the specimens must be included in the list of exempt native specimens until 12 April 2012. This period ensures continued exportation of these specimens while maintaining ecological sustainability as per the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.
Failure to comply with the conditions and requirements set out in this legislation may result in various consequences. Although the Act does not explicitly state offences or penalties within the instrument itself, violations of the EPBC Act generally could lead to civil and criminal penalties. For example, unauthorised trade in native specimens could result in fines and imprisonment. Specifically, under section 484 of the EPBC Act, an individual may face a penalty of up to five years imprisonment, or a fine of up to $330,000, or both, for breaches involving the trade of native specimens without proper authorisation. Companies may face even higher penalties under section 485, potentially up to $2.1 million for serious breaches. It is essential for all parties to adhere to the conditions to avoid these potential penalties and ensure the continued lawful trade of the specified specimens.