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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 24 November 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 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 covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery.
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 21 May 2014.
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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the Department of Primary Industries and Resources South Australia as that department 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 Sustainability, Environment, Water, Population and Communities website and comment was invited from interested people for a period of 21 business days. No comments were received.
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.
Unique Identifying Number: EPBC303DC/SFS/2011/13
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation, through its various provisions, aims to regulate activities that may have a significant impact on the environment. One such provision is the list of exempt native specimens, which exempts certain native species from the trade control provisions that apply to regulated native specimens. The 2011 amendment to the list of exempt native specimens, detailed in the F2011L00853 legislative instrument, was introduced to address the need for continued export of certain fish and invertebrate specimens from the South Australia Lakes and Coorong Fishery until 21 May 2014, while ensuring compliance with ecological sustainability guidelines. The amendment revokes previous conditions and imposes new conditions, requiring that the specimens be taken lawfully and covered by a declaration of an approved Wildlife Trade Operation. This amendment was made following consultation with relevant stakeholders and public advertisement, in accordance with the requirements of the EPBC Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the regulations regarding the exemption of certain native specimens from trade controls. This amendment specifically applies to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, and taken within the South Australia Lakes and Coorong Fishery. The Act exempts these specimens from trade control provisions, provided they meet the conditions of lawful taking and are covered by a declaration of an approved Wildlife Trade Operation. The geographic scope of this legislation is confined to the South Australian fishery as defined by the relevant fisheries regulations. This legislative instrument operates under the Commonwealth jurisdiction and follows consultation processes as mandated by the EPBC Act, including consultation with relevant state authorities and public comment periods. The changes to the list of exempt native specimens are intended to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of these fisheries remains ecologically sustainable.
Key Provisions
The main sections of the legislation (Sections 303DB and 303DC) pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB sets out the process for including specimens in the list of exempt native specimens, while Section 303DC allows for the revocation or modification of conditions related to these specimens. Specifically, the legislation revokes existing conditions for specimens taken in the South Australia Lakes and Coorong Fishery, and introduces new conditions that require the specimens to be lawfully taken and to be covered by a declaration of an approved Wildlife Trade Operation. This amendment facilitates the continued export of these specimens until 21 May 2014.
The Act imposes several obligations on parties involved with the specimens. Firstly, the specimens must be taken lawfully, meaning that they must comply with all relevant fishing regulations and permissions. Secondly, the specimens must be covered by a declaration under an approved Wildlife Trade Operation, which requires adherence to wildlife trade regulations and compliance with the EPBC Act. These conditions ensure that the export of specimens is conducted in an ecologically sustainable manner and in accordance with Australian regulations.
Failure to comply with the conditions set out in the legislation can lead to legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act can generally result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, depending on the severity of the breach. The Act's provisions are designed to enforce compliance and protect Australia's biodiversity and ecological sustainability.
The Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant stakeholders before amending the list of exempt native specimens, as required by subsection 303DC(3). In this instance, consultation occurred with the Department of Primary Industries and Resources South Australia, and the proposal was advertised publicly for comments. The lack of received comments indicates broad acceptance or lack of opposition to the amendment. This legislative instrument is governed by the Legislative Instruments Act 2003 and came into effect the day after its registration on the Federal Register of Legislative Instruments.