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 25 January 2011 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 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 Queensland Fisheries Act 1994,
and imposing the following conditions to which 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 3 February 2017.
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 3 February 2017.
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 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. No comments were received.
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 by managing the impact of Commonwealth activities, and to conserve Australia's biodiversity. This Act was introduced to address the need for a unified framework for environmental protection across various jurisdictions and activities within Australia. Enacted by the Parliament of Australia, the policy objective of the EPBC Act includes promoting ecologically sustainable development through the protection of the environment and biodiversity. In this context, the Act facilitates the regulation of trade in native specimens, aiming to prevent over-exploitation and ensure sustainable management of natural resources.
The legislative instrument in question amends the list of exempt native specimens under the EPBC Act by revoking existing conditions and imposing new conditions on specimens derived from fish or invertebrates taken in the Queensland Spanner Crab Fishery. This amendment allows for the continued export of these specimens until 3 February 2017, subject to the conditions that the specimens were taken lawfully and are included in the list until the specified date. The decision to amend the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of the fishery aligns with ecologically sustainable practices. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders, including Fisheries Queensland, and invited public comment on the proposal, though no comments were received. This legislative instrument, which is compatible with human rights and freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011, commenced on the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains to specimens derived from fish or invertebrates taken within the Queensland Spanner Crab Fishery, specifically in areas designated as 'C2' and 'C3' as per the Queensland Fisheries Regulation 2008 under the Queensland Fisheries Act 1994. These specimens are exempt from trade control provisions provided they are not from species listed under Part 13 of the EPBC Act. The amendment revokes prior conditions and imposes new ones: the specimens must have been taken lawfully and are listed until 3 February 2017, facilitating continued export. This legislative change is applicable nationwide, reflecting the EPBC Act’s jurisdiction over Commonwealth matters, while respecting state-specific regulations. The Minister for Sustainability, Environment, Water, Population and Communities is mandated to consult relevant ministers and stakeholders before making amendments, as evidenced by the consultation with Fisheries Queensland and public notice on the Department’s website. This legislative instrument aligns with Australia's international human rights obligations and commenced upon registration on the Federal Register of Legislative Instruments.
Key Provisions
The key operative sections of this legislative instrument are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC, meanwhile, provides the mechanism for amending this list. The instrument modifies the conditions under which specimens from the Queensland Spanner Crab Fishery are included in the list of exempt native specimens. Specifically, it revokes the existing conditions and imposes new ones, such as the requirement that the specimens or the fish or invertebrates from which they are derived were taken lawfully and that the specimens are included in the list until 3 February 2017.
The Act imposes several obligations on the parties or entities it governs. Firstly, it mandates that any specimens taken from the Queensland Spanner Crab Fishery that are included in the list of exempt native specimens must have been taken lawfully. This means that the fishery must adhere to all relevant laws and regulations concerning the taking of these specimens. Secondly, the Act requires that the specimens remain included in the list until 3 February 2017, ensuring a clear timeframe for their export. The Minister for Sustainability, Environment, Water, Population and Communities must also consult with relevant ministers and stakeholders, such as Fisheries Queensland, before making any amendments to the list of exempt native specimens. Furthermore, any proposed changes to the list must be advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested parties.
The legislation outlines specific consequences for breaches of its provisions. While the explanatory statement does not detail specific criminal or civil penalties for breaches of the EPBC Act, such breaches could potentially lead to legal actions under the general provisions of the Act. These might include fines or imprisonment for individuals and penalties for corporations under the criminal and civil penalty provisions of the Act. The Act also allows for the issuance of infringement notices for minor breaches, with maximum penalties as specified in the Act. Given the ecological focus of the Act, breaches could also result in environmental remediation orders or other measures designed to protect biodiversity and ecosystems.
In summary, the legislative instrument amends the conditions under which specimens from the Queensland Spanner Crab Fishery are exempt from trade control provisions, requiring lawful taking and setting a clear inclusion period until 3 February 2017. The Act mandates consultations with relevant stakeholders and public advertisement of proposed changes. While specific penalties for breaches are not detailed in the explanatory statement, potential consequences include fines, imprisonment, and environmental remediation orders under the general provisions of the EPBC Act.