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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
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, without requiring export permits, as long as an approved wildlife trade operation declaration 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 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 responsibility 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 with respect to matters of national environmental significance. This legislation aims to address the problem of unsustainable practices that could lead to the degradation of the environment and biodiversity. The Act was introduced by the Parliament of Australia and its policy objective is to ensure the ecologically sustainable development and use of natural resources. In accordance with Section 303DC of the EPBC Act, an amendment to the list of exempt native specimens was made to allow for the continued export of certain fish and invertebrate specimens without the need for export permits, provided they meet certain conditions. This amendment was made following consultations with relevant authorities and stakeholders, and with consideration given to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to specimens of fish or invertebrates taken in the Queensland River and Inshore (Beam) Trawl Fishery, excluding those species listed under Part 13 of the EPBC Act. This amendment exempts these specimens 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 under section 303FN of the EPBC Act. The amendment is part of a broader legislative framework aimed at managing and conserving Australia’s biodiversity, extending across the Commonwealth jurisdiction. The decision to amend the list of exempt native specimens was preceded by consultations with relevant authorities, including Fisheries Queensland, and was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The legislative instrument does not infringe on any rights or freedoms and is compatible with international human rights standards.
Key Provisions
The main operative sections of this legislation concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). Specifically, it revokes the conditions for specimens derived from the Queensland River and Inshore (Beam) Trawl Fishery and imposes new conditions that these specimens must be lawfully taken and covered by a declaration of an approved wildlife trade operation (Section 303DB, 303FN). This change aims to facilitate the continued export of these specimens without the need for export permits, provided the aforementioned conditions are met.
The Act imposes several obligations on parties involved with these specimens. Firstly, it mandates that the specimens or the fish or invertebrates from which they are derived must be taken lawfully (Section 303DB). Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation, ensuring that the trade of these specimens is managed according to specific wildlife trade regulations (Section 303FN). These obligations are crucial to maintaining the ecological sustainability of the fishery and ensuring that the trade practices comply with the EPBC Act.
Failure to comply with the provisions of the Act can result in significant legal consequences. Although the specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally carry severe penalties. These can include fines and imprisonment, with the exact penalties varying depending on the nature and severity of the offence. Additionally, there may be civil consequences, such as compensation for any ecological damage caused by non-compliance. It is important for parties involved in the trade of these specimens to adhere to the stipulated conditions to avoid these potential repercussions.