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 26 May 2009 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 South Australia Lakes and Coorong Fishery, as defined in the Fisheries Management (Lakes and Coorong Fishery) Regulations 2006 and the Fisheries Management (General) Regulations 2007 in force under the Fisheries Management Act 2007 (South Australia),
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 26 February 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 26 February 2016. 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 Primary Industries and Regions South Australia (PIRSA) as PIRSA has management responsibilities 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 for the protection of the Australian environment, particularly in relation to biodiversity conservation. This legislation aims to address the gap in regulating the trade of native specimens to ensure that it occurs sustainably and does not threaten native species or ecosystems. The Act was enacted by the Parliament of Australia and its policy objective is to protect and conserve Australia's biodiversity and environment. This legislative instrument, introduced as F2015L00707, amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act. It removes conditions that were previously imposed on certain fish and invertebrate specimens taken in the South Australia Lakes and Coorong Fishery and imposes new conditions for their inclusion in the list of exempt specimens. This amendment aims to facilitate continued export of these specimens until 26 February 2016. The decision to amend the list was informed by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, which establish criteria for assessing the ecological sustainability of fishery management arrangements.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in the Explanatory Statement F2015L00707, applies to specimens of fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, taken in the South Australia Lakes and Coorong Fishery. These specimens are exempt from the trade control provisions that apply to regulated native specimens. The instrument amends the conditions under which these specimens are included in the list of exempt native specimens, allowing for their continued export until 26 February 2016. The Minister for the Environment, in making this amendment, consulted with Primary Industries and Regions South Australia, given their management responsibilities for the fishery. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments and does not raise any human rights issues.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC revokes the conditions that previously applied to specimens of fish or invertebrates taken in the South Australia Lakes and Coorong Fishery, excluding those derived from species listed under Part 13 of the EPBC Act. This change removes the previous conditions and imposes new ones, namely that the specimens must be taken lawfully and remain exempt until 26 February 2016. These changes are intended to ensure the continued export of these specimens until the specified date, effectively extending the exemption period.
The Act imposes several obligations and requirements on the parties involved. Firstly, the specimens in question must be derived from fish or invertebrates taken lawfully within the South Australia Lakes and Coorong Fishery. This means that any specimens exported under this exemption must comply with local fisheries regulations and management practices. Secondly, these specimens must be included in the list of exempt native specimens until 26 February 2016, which is the new expiration date set by this legislative instrument. This requirement ensures that the exemption period is clearly defined and limited.
The legislation also outlines consequences for breaches, although it does not specify particular offences, penalties, or civil/criminal consequences. Generally, under the EPBC Act, breaches of the provisions related to the trade of native specimens can lead to substantial penalties. For instance, the Act provides for civil penalties up to $222,200 or criminal penalties that can reach up to 10 years imprisonment or both, depending on the severity of the breach. Additionally, exporters and importers must ensure compliance with all relevant conditions to avoid legal repercussions. The precise penalties and enforcement mechanisms are detailed in other sections of the EPBC Act but are not specified in this particular legislative instrument.