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:
delete from the list of exempt native specimens the following specimens and any associated notations:
- 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 Australian 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),
amend the list of exempt native specimens to include the following specimens and any associated notations:
- 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 Australian Lakes and Coorong Fishery, as defined in the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 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 August 2016.
These amendments will allow continued export of specimens taken in the South Australian Lakes and Coorong Fishery until 26 August 2016. The only effect of this amendment is to extend this date and to correct an inaccuracy in the fishery description.
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 SA (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) is a comprehensive piece of Australian legislation designed to protect the nation's environment and biodiversity by regulating activities that may have a significant impact on the environment, including the trade of native specimens. The 2016 legislative instrument amends the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act. This amendment was introduced to address a specific gap in the management of fish and invertebrate specimens taken from the South Australian Lakes and Coorong Fishery. By consulting with relevant stakeholders, including Primary Industries and Regions SA (PIRSA), the Minister for the Environment ensured that the amendments reflect the guidelines for ecologically sustainable management of fisheries. This amendment allows continued export of these specimens until a specified date, 26 August 2016, while correcting an inaccuracy in the fishery description. The policy objective behind these amendments is to ensure that the management of the fishery remains ecologically sustainable, as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to entities and individuals involved in the trade of native specimens, specifically those derived from fish or invertebrates within the South Australian Lakes and Coorong Fishery. This legislation impacts fisheries management and trade practices by amending the list of exempt native specimens, thereby altering the scope of trade control provisions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The amendments pertain to specimens taken lawfully within the fishery as defined by the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 and the Fisheries Management (General) Regulations 2007 under the Fisheries Management Act 2007 of South Australia. The geographic reach of this Act is primarily within South Australia, with the amendments being applied nationally through the EPBC Act framework. The Act does not exclude any particular entities or specimens other than those species listed under Part 13 of the EPBC Act. The instrument extends the date for continued export of the specified specimens until 26 August 2016, correcting an inaccuracy in the fishery description and ensuring alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The main operative sections of this instrument (F2016L00137) pertain to amendments of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC is instrumental in modifying the list of exempt native specimens. The amendments involve the deletion and addition of certain specimens derived from fish or invertebrates, taken in the South Australian Lakes and Coorong Fishery, and are subject to specific conditions. These conditions include the requirement that the specimens must be taken lawfully and that they remain on the list until 26 August 2016. These changes are intended to ensure the continued export of these specimens until the specified date while correcting inaccuracies in the fishery description.
The obligations and requirements imposed by this Act primarily focus on the management and regulation of the trade of native specimens. The Act mandates that specimens included in the list of exempt native specimens must meet certain criteria to maintain their exempt status. In this context, it is essential that the specimens are derived lawfully from the specified fishery and adhere to the guidelines set by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. Additionally, the Minister for the Environment is required to consult with relevant stakeholders, including Primary Industries and Regions SA (PIRSA), which has management responsibilities for the fishery in question, before making amendments to the list. These consultations ensure that the amendments align with the ecological sustainability criteria established by the relevant guidelines.
The instrument outlines specific offences and penalties for breaches, although it does not explicitly state the penalties in the text provided. Under the EPBC Act, unauthorised trade of native specimens can lead to civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties can include substantial fines, while criminal penalties may involve imprisonment, reflecting the seriousness with which the Act treats violations of its provisions. The exact penalties would be determined based on the specific circumstances of the breach and the relevant provisions of the EPBC Act and associated regulations. The legislative instrument, once registered, immediately comes into effect, ensuring prompt enforcement of the amended list of exempt native specimens.