EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the 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 add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
- 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.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, as long as the wildlife trade operation (WTO) declaration is in force. The fishery must continue to operate in accordance with its WTO conditions or the WTO must be revoked. Should a fishery WTO expire or be revoked, the declaration will no longer apply and will be removed from the list of exempt native specimens. Export would no longer be permitted.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: The Hon Tim Mulherin, Queensland Minister for Primary Industries and Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Fisheries, Western Australia.
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/2006/003
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment and biodiversity across Australia. This legislation provides a framework for the management and conservation of the nation's biodiversity, including the regulation of the trade in native species. The EPBC Act Amendment of the List of Exempt Native Specimens in accordance with Section 303DC, issued under the authority of the Minister for the Environment and Heritage, specifically targets the regulation of trade in native specimens by exempting certain fish and invertebrate specimens from the need for export permits, provided they meet certain conditions. The policy objective is to facilitate the continued export of these specimens while ensuring compliance with the regulatory framework of approved wildlife trade operations. This legislative instrument, which commenced on the day after its registration on the Federal Register of Legislative Instruments, aims to streamline trade processes while maintaining environmental protections.
Scope and Application
The Environment Protection and Biodiversity Conservation Act, 1999, governs the protection of the environment and biodiversity in Australia, and this particular amendment pertains to the listing of exempt native specimens under Section 303DB. This legislation applies to specimens derived from fish or invertebrates taken in the Queensland River and Inshore (Beam) Trawl Fishery, provided they are not species listed under Part 13 of the EPBC Act. The amendment exempts these specimens from the trade control provisions applicable to regulated native specimens, facilitating their export without the need for export permits. This exemption is contingent on the specimens being lawfully taken and being part of a declared Wildlife Trade Operation under section 303FN of the EPBC Act. The exemption remains in effect as long as the relevant Wildlife Trade Operation declaration is valid and the fishery adheres to its conditions; otherwise, the exemption and the corresponding export permission would be revoked. The amendment applies nationally, with specific consultation involving the Queensland Minister for Primary Industries and Fisheries and the Department of Fisheries, Western Australia, ensuring alignment with state-level regulations and practices.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999, as amended by this instrument, pertain to the list of exempt native specimens (section 303DB) and the conditions under which certain specimens are exempt from trade control provisions (section 303DC). Specifically, section 303DB establishes the list of exempt native specimens, while section 303DC allows for the inclusion of certain specimens on this list, subject to specific conditions and notations. This amendment adds specimens taken in the Queensland River and Inshore (Beam) Trawl Fishery, provided they meet the criteria of being lawfully taken and covered by an approved Wildlife Trade Operation declaration (section 303FN).
The Act imposes several obligations on parties and entities involved in the trade of these specimens. Firstly, it requires that any specimens included on the list of exempt native specimens must be taken lawfully. This means that the specimens must be harvested in compliance with relevant fishing regulations and laws. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation, ensuring that the trade is conducted in accordance with established environmental and biodiversity conservation standards. The fisheries involved must continue to operate under the conditions of their WTO declaration; otherwise, the exemption will be revoked, and export permits will be required.
Breaches of the conditions specified in the Act can result in serious consequences. If the specimens are not taken lawfully or if the WTO declaration is not in force, the exemption from trade control provisions is lost, and export of these specimens becomes illegal. The Act does not specify maximum penalties for breaches in this context, but general provisions within the EPBC Act could apply, which may include fines and imprisonment for violations related to the illegal trade of native specimens. Furthermore, revocation of the WTO declaration would cease the exemption, necessitating compliance with all applicable trade control provisions, which could include obtaining necessary export permits.