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 February 2010 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 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
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 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 in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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 responsibilities for the fishery 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 22 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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 through the regulation of activities that have a significant impact on matters of national environmental significance. This Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation, ensuring that activities potentially affecting the environment are adequately regulated. The EPBC Act is administered by the Parliament of Australia, with the policy objective of maintaining the ecological integrity of Australia’s environment while allowing for sustainable development. This legislative instrument amends the list of exempt native specimens to allow for the continued export of certain fishery specimens without requiring export permits, provided they meet specific conditions, thereby facilitating trade while ensuring ecological sustainability.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens applies to specimens of fish or invertebrates, excluding those 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. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens. The application of this Act is confined to the Commonwealth jurisdiction, specifically impacting entities and individuals involved in the trade of native specimens, particularly within the fishery sector. The amendment imposes certain conditions for the exemption, such as the requirement that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation. This legislative change ensures the continued export of these specimens without the necessity of export permits, provided an approved wildlife trade operation declaration is in effect. The Minister for the Environment is mandated to consult relevant ministers and authorities before amending the list, ensuring a collaborative approach to ecological sustainability and biodiversity conservation.
Key Provisions
The primary sections of the legislation, namely Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the framework for listing native specimens that are exempt from trade control provisions. Section 303DB mandates the creation of a list of exempt native specimens, while Section 303DC specifies the process for amending this list. The legislative instrument under consideration revokes the existing conditions for specimens derived from fish or invertebrates in the Small Pelagic Fishery, taken lawfully and covered by an approved wildlife trade operation declaration under Section 303FN of the EPBC Act. This change allows continued export of these specimens without the requirement of export permits, provided that an approved wildlife trade operation declaration for the fishery remains in effect.
The Act imposes several obligations on the parties involved. Firstly, it requires that any specimens derived from fish or invertebrates in the Small Pelagic Fishery must be taken lawfully to be included in the list of exempt native specimens. Secondly, these specimens must be part of a wildlife trade operation that has an approved declaration under Section 303FN of the EPBC Act. This ensures that the trade of these specimens is conducted in a manner that complies with the ecological sustainability guidelines set forth by the Australian Government.
In terms of compliance, any breach of the conditions specified in the Act could result in legal consequences. Although the legislation does not explicitly state offences, penalties, or civil/criminal consequences, the failure to adhere to the conditions for lawful taking and approved wildlife trade operations could lead to the revocation of the exemption status. This, in turn, might necessitate the acquisition of export permits for these specimens, thus impacting the continuity of their trade. The Act's provisions are designed to ensure that the trade of native specimens remains sustainable and compliant with environmental protection standards.