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 (the 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 include the following specimens in the list of exempt native specimens:
- 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 Spanner Crab Fishery, which comprises the ‘C2’ and ‘C3’ areas of the ‘commercial spanner crab fishery’ as defined in the Queensland Fisheries Regulation 2008 in force under the Fisheries Act 1994.
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen was taken lawfully; and
- the specimens are included in the list until 5 February 2012.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 5 February 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 fisheries 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 Fisheries Queensland as Fisheries Queensland 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.
Unique Identifying Number: EPBC303DC/SFS/2010/20
Overview
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, introduced in 2010, aims to amend the existing list of specimens exempt from trade control provisions under the Act. This legislative instrument, developed in accordance with section 303DC of the EPBC Act, seeks to address a specific gap by including certain fish and invertebrate specimens taken in the Queensland Spanner Crab Fishery within the list of exempt native specimens, subject to certain conditions. This legislative action was undertaken by the Minister for Sustainability, Environment, Water, Population and Communities, who consulted relevant stakeholders such as Fisheries Queensland in line with the requirements of subsection 303DC(3) of the EPBC Act. The policy objective is to facilitate continued export of these specimens until a specified date, while ensuring that the management of the fishery adheres 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 is a legislative instrument that modifies the EPBC Act to include certain specimens in the list of exempt native specimens. Specifically, this amendment applies to specimens that are or are derived from fish or invertebrates, taken in the Queensland Spanner Crab Fishery, which encompasses the 'C2' and 'C3' areas of the 'commercial spanner crab fishery' as defined under the Queensland Fisheries Regulation 2008. However, these specimens are subject to the condition that they must not belong to species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list of exempt native specimens exempts them from the trade control provisions that apply to regulated native specimens, thereby facilitating their continued export until 5 February 2012. The decision to amend the list was made in accordance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the relevant fisheries management arrangements was considered. This legislative instrument, once registered on the Federal Register of Legislative Instruments, became effective on the day following its registration.
Key Provisions
The primary sections of this legislation, specifically Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the framework for a list of exempt native specimens, exempting them from trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, which is the focus of this particular instrument, adding certain specimens to the list of exempt native specimens. These specimens include those derived from fish or invertebrates, except for those belonging to species listed under Part 13 of the EPBC Act, taken within the Queensland Spanner Crab Fishery, specifically areas ‘C2’ and ‘C3’ as defined in the Queensland Fisheries Regulation 2008.
The obligations imposed by this legislation on the parties involved include the necessity for the specimens to be taken lawfully and the requirement that their inclusion in the list of exempt native specimens is conditional until 5 February 2012. The amendment process necessitates consultation with relevant Commonwealth ministers, state ministers, and other appropriate persons or organisations, as stipulated in Subsection 303DC(3) of the EPBC Act. In this case, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with Fisheries Queensland, which holds management responsibilities for the fishery in question.
Any breaches of the conditions set out in the legislation may lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, the EPBC Act generally provides for penalties for non-compliance with its provisions. These can include fines and imprisonment for individuals, as well as financial penalties for corporations. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the EPBC Act. It is essential for parties involved to adhere to the conditions set forth to avoid any legal repercussions.