Unique Identifying Number:
EPBC303DC/SFS/2015/12
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by revoking the conditions to which the inclusion of the following item in the list 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 imposing the following conditions to which 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.
Dated this 7th day of April 2015
…………….……Paul Murphy………………………
Delegate of the Minister for the Environment
Notes: Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section.
Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
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 Act aims to address the problem of the unsustainable exploitation of native species and their habitats by regulating activities that may have significant environmental impacts. The Act was enacted by the Parliament of Australia to ensure the protection of biodiversity and to meet Australia's obligations under international agreements, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The policy objective of the EPBC Act is to achieve ecological sustainable development through the protection and conservation of Australia's unique biodiversity.
The legislative amendment in question pertains to the list of exempt native specimens under the EPBC Act, specifically addressing the specimens taken in the Queensland River and Inshore (Beam) Trawl Fishery. This amendment was made to ensure that the specimens are included in the list of exempt native specimens until 9 October 2015, provided that the specimens were taken lawfully. This change is intended to maintain the balance between the conservation of native species and the sustainable use of natural resources, in line with Australia's CITES obligations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including native flora and fauna, by regulating activities that may harm the environment or native species. This particular legislative amendment, issued by the Delegate of the Minister for the Environment, pertains to the list of exempt native specimens, specifically fish and invertebrate specimens taken within the Queensland River and Inshore (Beam) Trawl Fishery. This amendment revokes the existing conditions on these specimens and imposes new conditions, such as the requirement that the specimens must be taken lawfully and be included in the list until a specified date, in this case, 9 October 2015. The amendment applies to all persons or entities involved in the trade of these specimens within the described fishery, ensuring compliance with national environmental standards. The jurisdictional reach of this amendment is national, as it concerns the EPBC Act, which is a Commonwealth Act. Exemptions or exclusions are limited to specimens that belong to species listed under Part 13 of the EPBC Act, reflecting Australia’s commitment to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Additionally, the EPBC Act may extend or restrict the application of this amendment through subordinate instruments.
Key Provisions
The key provision of this amendment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concerns the list of exempt native specimens (sections 303DB and 303DC). Specifically, the amendment revokes the conditions previously attached to the exemption of certain fish and invertebrate specimens taken in the Queensland River and Inshore (Beam) Trawl Fishery, effective from 12 April 2006, and imposes new conditions. Under the new conditions, specimens of fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, are exempt if they were taken lawfully and are included in the list until 9 October 2015.
The obligations imposed by this amendment require that any specimens derived from fish or invertebrates taken in the specified fishery must comply with the new conditions to remain exempt. This includes ensuring that the specimens were taken lawfully and are included in the list before the specified date of 9 October 2015. Additionally, it is necessary to comply with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which are addressed through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia's CITES list may only be exported if a non-detriment finding has been issued by Australia's CITES Scientific Authority.
Failure to comply with the conditions set out in the amendment, or the broader obligations under the EPBC Act and CITES, can lead to various consequences. Civil and criminal penalties may be imposed, depending on the nature and severity of the breach. For instance, individuals or entities found in violation of the Act's provisions may face fines, imprisonment, or both. The specific penalties depend on the offence and can be found in the relevant sections of the EPBC Act. Additionally, parties whose interests are affected by this decision have the right to seek a statement of reasons and apply for independent review of the decision within 28 days of the date of the declaration, as stipulated under the Administrative Appeals Tribunal Act 1975.