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 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, and
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)
taken by Australian flagged vessels authorised under permits issued under the Commonwealth Fisheries Management Act 1991 to operate in the ‘Exploratory fishery for Dissostichus spp. in Subareas 88.1 and 88.2’ of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Convention Area (Ross Sea exploratory toothfish fishery)
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 31 October 2019.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits,until 31 October 2019.
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 the Environment 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 the Environment consulted with the Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibility for the operation concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website and comment was invited from interested people for a period of 23 business days. No comments were received.
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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation aims to fill a gap by regulating activities that could impact the environment, including the trade of native specimens. The problem it addresses is the need for stringent control over the trade of native specimens to prevent illegal activities and ensure sustainable management of biological resources. The Australian Parliament introduced this Act to establish a comprehensive framework for environmental protection. The policy objective of this specific legislative instrument, F2014L01638, is to amend the list of exempt native specimens under the EPBC Act, allowing certain specimens to be exempt from trade control provisions until 31 October 2019, subject to specific conditions. The instrument was developed in consultation with relevant authorities and stakeholders, ensuring alignment with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens in accordance with Section 303DC concerns the exemption of certain specimens from the trade control provisions that apply to regulated native specimens. This amendment specifically applies to specimens derived from fish or invertebrates taken by Australian flagged vessels authorised under permits issued under the Commonwealth Fisheries Management Act 1991 to operate in the 'Exploratory fishery for Dissostichus spp. in Subareas 88.1 and 88.2' of the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR) Convention Area, commonly known as the Ross Sea exploratory toothfish fishery. The amendment exempts these specimens from trade control provisions provided they were taken lawfully and are included in the list until 31 October 2019. Notably, this exemption does not apply to specimens belonging to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act (Australia's CITES list). The amendment applies nationally and is subject to consultation requirements outlined in subsection 303DC(3) of the EPBC Act, which includes consultation with relevant authorities and stakeholders.
Key Provisions
The key provisions of this legislation are outlined in Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which establishes a list of exempt native specimens. These provisions now include specimens derived from fish or invertebrates taken by Australian flagged vessels operating in the Ross Sea exploratory toothfish fishery, provided certain conditions are met. Specifically, the specimens must be taken lawfully and must not belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA (Australia’s CITES list). This exemption is in effect until 31 October 2019. The decision to include these specimens was made in consultation with the Australian Fisheries Management Authority and after a public consultation period, as required by Section 303DC(3) of the EPBC Act.
The obligations imposed by this legislation on the parties involved are clear and specific. Vessels taking these specimens must be authorised under the Commonwealth Fisheries Management Act 1991 and must be operating within the designated Subareas 88.1 and 88.2 of the CCAMLR Convention Area. Additionally, the specimens must be taken lawfully, and those who take them must ensure they do not belong to any listed species or taxa. Failure to comply with these conditions could result in the specimens no longer being exempt from the trade control provisions that apply to regulated native specimens.
There are no specific offences or penalties outlined in this legislative instrument for breaches of the conditions set out for the inclusion of specimens in the list of exempt native specimens. However, any breach of the conditions would mean that the specimens would no longer be exempt, potentially leading to the need for export permits and other regulatory controls. Given the context of the EPBC Act, any significant non-compliance could lead to further regulatory scrutiny, enforcement actions, or other legal consequences as per the broader provisions of the Act.