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 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, taken in the Small Pelagic Fishery, as defined in the Small Pelagic Fishery Management Plan 2009, made under the Fisheries Management Act 1991.
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 on the list until 2 November 2014.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 2 November 2014.
In determining to include the specimens on 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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment, Heritage and the Arts 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 Minister for Environment, Heritage and the Arts consulted with the Australian Fisheries Management Authority (AFMA) as the Minister and AFMA have management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 21 days. All comments received were taken into account in the decision to include the fishery on the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Unique Identifying Number: EPBC303DC/SFS/2009/42
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, was designed to address the protection of the nation’s environmental heritage and biodiversity. One of the Act's functions is to manage the trade and impact of native specimens, ensuring that such activities do not compromise ecological sustainability. To address a specific gap in the regulation of native specimens derived from fisheries, the Act was amended through the legislative instrument F2010L00180 to update the List of Exempt Native Specimens. This amendment allows for the continued export of certain specimens derived from fish or invertebrates, taken within the Small Pelagic Fishery, while ensuring these activities align with the Australian Government’s guidelines for ecologically sustainable management of fisheries. The inclusion of these specimens on the list is conditional upon their lawful derivation and is set to remain in effect until 2 November 2014.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument (EPBC Act) modifies the List of Exempt Native Specimens under Section 303DC of the Act, focusing on specimens derived from fish or invertebrates within the Small Pelagic Fishery, as defined in the Small Pelagic Fishery Management Plan 2009 under the Fisheries Management Act 1991. This amendment applies to specimens of species not listed under Part 13 of the EPBC Act and is intended to facilitate the continued lawful export of these specimens until 2 November 2014. The amendment is subject to the condition that the specimens or the fish and invertebrates from which they are derived must have been taken lawfully. The Minister for the Environment, Heritage and the Arts, in making this amendment, was required to consult with relevant Commonwealth Ministers, state ministers, and organisations, including the Australian Fisheries Management Authority, and invited public comment through an advertisement on the Department of the Environment, Water, Heritage and the Arts' website. The decision to include the fishery on the list of exempt native specimens was made after considering all received comments. This legislative instrument is governed by the Legislative Instruments Act 2003.
Key Provisions
The main sections of this legislation, specifically Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), establish a list of exempt native specimens. These specimens are exempt from trade control provisions that apply to regulated native specimens. This particular amendment to the list includes specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Small Pelagic Fishery, as defined in the Small Pelagic Fishery Management Plan 2009, made under the Fisheries Management Act 1991. The inclusion of these specimens on the list of exempt native specimens is subject to specific conditions, such as the lawful taking of the specimens and their inclusion on the list until 2 November 2014.
The obligations and requirements imposed by this legislation on the parties or entities it governs include ensuring that the specimens are taken lawfully and that they remain exempt from trade control provisions only until the specified date. The Minister for the Environment, Heritage and the Arts must consult with relevant Commonwealth and state ministers, as well as the Australian Fisheries Management Authority (AFMA), before amending the list. The Minister must also consider public comments on the proposal, which were invited through an advertisement on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website for a period of 21 days.
Any breach of the provisions outlined in this legislation could lead to civil or criminal consequences, although specific penalties are not detailed in the text. The inclusion of these specimens on the list of exempt native specimens is intended to allow continued export of these specimens until 2 November 2014, while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to include the fishery on the list of exempt native specimens was made after taking into account all comments received during the consultation period. This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.