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 Tasmanian Scallop 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 specimen is included on the list until 24 November 2010.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next five years.
In determining to include the above specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
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: Senator the Hon Steven Kons MHA, Minister for Primary Industries and Water.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Primary Industries, Water and Environment, Tasmania.
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/2005/026
Overview
The Environment Protection and Biodiversity Conservation Act 1999, amended by the legislative instrument F2005L03813, was introduced to address the need for regulating the trade of native specimens while allowing for the sustainable management of fisheries. This amendment specifically targets specimens from the Tasmanian Scallop Fishery, adding them to the list of exempt native specimens to facilitate their continued lawful export until 24 November 2010. The instrument ensures these specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they were taken lawfully and comply with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The decision to amend the list was made after consultations with relevant Ministers and the Department of Primary Industries, Water and Environment, Tasmania, ensuring alignment with both national and state policies on sustainable fishing practices.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens according to Section 303DC applies specifically to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, which are taken within the Tasmanian Scallop Fishery. This legislation ensures that these specimens are exempt from the trade control provisions applicable to regulated native specimens, subject to the condition that they were taken lawfully and remain listed until 24 November 2010. This amendment allows for the continued export of these specimens for a period of five years, aligning with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The decision to include these specimens on the list of exempt native specimens was made after considering the relevant criteria for ecological sustainability as outlined in the guidelines. Consultations were conducted with various ministers and departments, including the Department of Primary Industries, Water and Environment in Tasmania, to ensure that the legislative changes were informed and appropriate. This legislative instrument is governed by the Legislative Instruments Act 2003 and came into effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislative instrument are sections 303DC and 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, while section 303DC allows for the amendment of this list through legislative instruments. This particular instrument amends the list to include specimens derived from fish or invertebrates taken in the Tasmanian Scallop Fishery, subject to certain conditions (s. 303DC). The specimens are exempt from the trade control provisions that apply to regulated native specimens, and are listed until 24 November 2010 (s. 303DB).
The obligations imposed by this Act on the parties involved primarily concern the lawful taking and export of the specified specimens. It is mandated that the specimens, or the fish or invertebrates from which they are derived, must be taken lawfully (s. 303DC). Additionally, the inclusion of these specimens on the list of exempt native specimens is conditional upon adherence to the Australian Government's Guidelines for the ecologically sustainable management of fisheries. This implies that the fisheries management arrangements must meet the criteria for ecological sustainability as outlined in these guidelines. Furthermore, the instrument imposes an obligation on relevant authorities to consult with specified ministers and departments, including the Minister for Primary Industries and Water and the Department of Primary Industries, Water and Environment, Tasmania, before making amendments to the list of exempt native specimens (s. 303DC(3)(c)).
Failure to comply with the provisions of the EPBC Act, including the conditions attached to the listing of exempt native specimens, can result in various legal consequences. While the Explanatory Statement does not detail specific offences or penalties, breaches of the EPBC Act generally attract civil or criminal penalties. These can include fines and imprisonment, the severity of which depends on the nature and extent of the breach. For example, individuals or entities found to be in breach of the Act's provisions may face fines of up to $66,000 for individuals and $330,000 for corporations, as well as imprisonment for up to five years. Additionally, ongoing non-compliance could lead to more severe penalties, including higher fines and longer periods of imprisonment. The exact penalties are determined by the courts and are subject to the specific provisions of the Act that have been breached.