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 1 December 2005 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 Skipjack Tuna Fishery.
and impose the following conditions to which the 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 30 November 2016.
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 30 November 2016.
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 the Australian Fisheries Management Authority as the Australian Fisheries Management Authority 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 23 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 Australian environment, including its biodiversity, by preventing significant impacts from actions, and to establish a framework for the sustainable use of natural resources. This legislation aims to fill the gap in environmental protection by providing a comprehensive approach to the conservation of Australia's biodiversity and ecological heritage. The EPBC Act is administered by the Parliament of Australia, with specific provisions for the amendment of the list of exempt native specimens outlined in section 303DC. The policy objective behind this amendment is to facilitate the continued export of certain fish and invertebrate specimens by removing specific conditions that were previously attached to their exemption from trade controls, while ensuring that these activities remain within legal and sustainable boundaries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment, as detailed in F2012L00193, pertains to the regulation of native specimens derived from fish or invertebrates, specifically within the Skipjack Tuna Fishery, excluding those species listed under Part 13 of the Act. This legislation applies to the lawful taking and export of these specimens, which are included in the list of exempt native specimens until 30 November 2016. The primary objective of this amendment is to ensure that the trade of these specimens remains compliant with environmental and biodiversity conservation laws while allowing continued export activities until the specified date. The Act operates under the jurisdiction of the Commonwealth, extending its regulatory reach across Australia and ensuring alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities is responsible for consulting relevant authorities and the public, as stipulated by the Act, to facilitate informed decision-making processes.
Key Provisions
The main operative sections of this legislation 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). This amendment, detailed in Section 303DB, concerns the exemption of certain fish and invertebrate specimens from trade controls that apply to regulated native specimens. Specifically, the Act revokes the conditions previously attached to the inclusion of specimens derived from the Skipjack Tuna Fishery, taken after 1 December 2005, and imposes new conditions that these specimens must be taken lawfully and will remain on the list until 30 November 2016. This change aims to facilitate continued exportation of these specimens until the specified date.
The obligations and requirements imposed by this Act on the parties or entities it governs are clear and specific. Firstly, any person or entity involved in the trade of these specimens must ensure that the specimens were taken lawfully, meaning they must comply with applicable fishing regulations and laws. Secondly, these specimens are only exempt from trade controls until 30 November 2016. After this date, they will no longer be exempt, and any trade in these specimens must comply with the general trade control provisions of the EPBC Act. Compliance with these conditions is essential to avoid penalties or legal repercussions.
The Act also outlines the consequences for non-compliance, which include both civil and criminal penalties. Any breach of the conditions set forth in this legislation may result in civil penalties, which could include fines. The maximum penalties for such breaches are not explicitly stated in the Act but are generally governed by the overarching provisions of the EPBC Act, which can include significant fines for non-compliance with environmental regulations. Additionally, persistent or severe breaches may lead to criminal charges, where individuals could face imprisonment. The exact penalties would depend on the specific nature and severity of the breach, but they serve as a deterrent against non-compliance with the Act’s provisions.