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 included in the list until 29 October 2015.
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 29 October 2015. The only effect of this amendment is to extend this date.
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 and the Department of Agriculture as the Australian Fisheries Management Authority and Department of Agriculture have management and policy responsibilities, respectively, for the fishery concerned.
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 a framework for the protection of the environment, particularly focusing on matters of national environmental significance. One of its provisions is Section 303DB, which establishes a list of exempt native specimens that are exempt from the trade control provisions applicable to regulated native specimens. This legislative instrument amends the list of exempt native specimens to address the continued export of specimens derived from fish or invertebrates, specifically those taken in the Small Pelagic Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. The purpose of this amendment is to extend the period until which these specimens can be exported, thus ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment consulted with relevant authorities, including the Australian Fisheries Management Authority and the Department of Agriculture, before making this amendment, ensuring alignment with fisheries management policies and ecological sustainability criteria.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. This legislation applies to individuals, entities, and industries involved in activities that may impact the environment and biodiversity. The Act covers a broad range of activities, including those involving native specimens, and its jurisdiction extends throughout Australia, encompassing both Commonwealth and state territories. The Act's provisions are designed to regulate the trade and management of native specimens, with specific attention to those that are ecologically significant. In this context, the Act's amendments pertain to the list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. The amendments focus on specimens derived from fish or invertebrates taken in the Small Pelagic Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. The conditions imposed on the inclusion of these specimens in the list of exempt native specimens require that they be taken lawfully and remain listed until 29 October 2015. The Minister for the Environment must consult with relevant stakeholders, including other Commonwealth ministers and state/territory ministers, before making amendments to the list, as stipulated in the EPBC Act. This legislative instrument, once registered, immediately takes effect, illustrating the swift implementation mechanism inherent in Australian legislative processes.
Key Provisions
The main operative sections of this legislation (Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) establish a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This specific legislative instrument revokes the conditions attached to the inclusion of certain specimens in this list, and imposes new conditions. These specimens are fish or invertebrates, other than 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. The new conditions require that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully, and that the specimens are included in the list until 29 October 2015.
The obligations and requirements imposed by this Act on the parties or entities it governs primarily concern the lawful taking and management of the specified specimens. The specimens must be taken in accordance with the Small Pelagic Fishery Management Plan 2009 and the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment is required to consult with relevant ministers and authorities, such as the Australian Fisheries Management Authority and the Department of Agriculture, before making any amendments to the list of exempt native specimens. This ensures that the ecological sustainability of the relevant fishery's management arrangements is properly assessed.
Breaches of the conditions imposed by this Act may result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, the EPBC Act provides a framework for enforcement, which includes potential fines and imprisonment for serious violations. The maximum penalties could vary depending on the nature and severity of the breach, but the Act generally allows for significant fines and up to five years imprisonment for individuals, and substantial fines for bodies corporate. The precise enforcement actions and penalties would be determined by the courts based on the specific circumstances of any alleged breach.