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 on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to delete from the list of exempt native specimens the following specimens and any associated notations:
- Specimens that are or are derived from fish or invertebrates, taken in the Northern Territory Spanish Mackerel Fishery, as defined in the Spanish Mackerel Fishery Management Plan made under the NT Fisheries Act 1988, other than specimens belonging to an eligible listed threatened species.
In accordance with section 303DC of the EPBC Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Chris Natt MLA, Minister for Primary Industry, Fisheries and Mines.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the EPBC Act. This extended to the Northern Territory Department of Primary Industry, Fisheries and Mines.
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: EBPC303DC/SFS/2008/04
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection and conservation of the Australian environment, particularly in relation to biodiversity and ecological processes. This Act was introduced to address the need for a comprehensive legal framework to manage and protect native species and their habitats, ensuring sustainable use and preventing degradation. The Act serves to integrate environmental considerations into decision-making processes, including the regulation of activities that may impact the environment. The policy objective of the Act is to foster the protection of the environment, including biodiversity, and to support sustainable development by implementing effective controls and conservation measures. This legislative instrument amends the list of exempt native specimens, refining the scope of exemptions to ensure more targeted and effective regulation of native species trade, thereby aligning with the overarching goals of environmental protection and biodiversity conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act, 1999 Amendment of the List of Exempt Native Specimens targets the regulation of trade in native specimens, specifically those derived from fish or invertebrates taken in the Northern Territory Spanish Mackerel Fishery. This amendment applies to all entities involved in the trade of these specimens, excluding those specimens that belong to an eligible listed threatened species. The legislative instrument is effective across the Commonwealth and pertains to entities operating within the Northern Territory. The exclusion of eligible listed threatened species from this amendment underscores a targeted approach to regulating trade, ensuring that only certain fish and invertebrate specimens are affected while protecting threatened species. This instrument is part of a broader regulatory framework under the EPBC Act and is subject to the requirements and procedures outlined in the Legislative Instruments Act 2003. The amendment came into effect on the day following its registration on the Federal Register of Legislative Instruments, indicating its immediate applicability to the specified specimens.
Key Provisions
The main operative sections of the legislation, as outlined in the Explanatory Statement, pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DB). This amendment involves the removal of certain specimens from the list of exempt native specimens, specifically those derived from fish or invertebrates taken in the Northern Territory Spanish Mackerel Fishery, excluding specimens that belong to an eligible listed threatened species (section 303DC). The changes are effective from the day after the instrument is registered on the Federal Register of Legislative Instruments.
The obligations imposed by this Act on parties or entities include ensuring compliance with the amended list of exempt native specimens. This means that any specimens taken from the Northern Territory Spanish Mackerel Fishery, unless they are from an eligible listed threatened species, are no longer exempt from the trade control provisions that apply to regulated native specimens. This change necessitates that all relevant stakeholders, including the Northern Territory Department of Primary Industry, Fisheries and Mines and other relevant authorities, adhere to the new regulations. Consultation with the Hon Chris Natt MLA, Minister for Primary Industry, Fisheries and Mines, and other relevant Ministers was undertaken in accordance with section 303DC(3)(c) of the EPBC Act, ensuring that the changes are communicated and understood by those affected.
The legislation also outlines potential consequences for non-compliance. Although specific offences, penalties, or civil/criminal consequences are not explicitly stated in the Explanatory Statement, the implication is that any breach of the amended regulations could lead to enforcement actions under the EPBC Act. Given the nature of environmental protection laws, penalties for non-compliance could include fines, legal action, or other administrative measures intended to enforce compliance with environmental protection standards. The exact penalties would depend on the specifics of any breach and the discretion of the courts or relevant authorities.