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 19 June 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 Australian (SA) Abalone Fishery, as defined in the management regime in force under the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA Fisheries Management Act 2007
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 21 June 2013.
The only effect of this amendment is to extend this date. 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 June 2013.
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 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 Primary Industries and Regions South Australia (PIRSA) as PIRSA has management responsibility for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with regard to matters of national environmental significance. One of the issues it addresses is the regulation of the trade of native specimens, including those of fish and invertebrates. This legislation was introduced by the Australian Parliament to ensure that native species and their habitats are protected from potentially harmful activities. The Act includes provisions for maintaining a list of exempt native specimens, which are not subject to the trade control measures applicable to regulated native specimens. The 2012 amendment to the list of exempt native specimens aims to facilitate the continued export of certain fish and invertebrate specimens taken within the South Australian Abalone Fishery, subject to specific conditions and until a specified date. This amendment was made following consultations with relevant authorities, including Primary Industries and Regions South Australia, to ensure that the fishery's management arrangements align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment pertains to the modification of the List of Exempt Native Specimens in accordance with Section 303DC. This Act applies to the specimens of fish and invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken within the South Australian Abalone Fishery. The amendment revokes existing conditions and imposes new ones, allowing these specimens to remain exempt from trade control provisions until 21 June 2013, provided they are taken lawfully. The jurisdictional reach of this Act is national, as it pertains to the regulation and management of fisheries within South Australia and their impact on the environment and biodiversity under Commonwealth jurisdiction. This legislative instrument does not infringe upon any rights or freedoms and is compliant with international human rights standards. The instrument's commencement followed its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation, specifically the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as amended, involve Section 303DC, which pertains to the management of the List of Exempt Native Specimens. This section allows for the exemption of certain specimens from trade control provisions if they are included on this list. The amendment modifies the conditions under which specimens from the South Australian Abalone Fishery are listed as exempt (subsection 303DB). The original conditions included the specimens being lawfully taken and being part of the list until 21 June 2013. This legislative instrument revokes those conditions and imposes new ones, extending the inclusion of these specimens in the list of exempt native specimens until a later date, which is now specified in the amendment.
The obligations and requirements imposed by this Act on the parties involved, particularly those managing the South Australian Abalone Fishery, are twofold. Firstly, they must ensure that the specimens are taken lawfully, adhering to the regulations outlined in the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA Fisheries Management Act 2007. Secondly, the specimens must remain part of the list of exempt native specimens until the specified date, which is now extended through this legislative instrument. The inclusion of these specimens in the list is contingent upon their compliance with these conditions, ensuring that their export remains permissible under the EPBC Act until the new specified date.
Breach of the conditions set forth in the EPBC Act could result in both civil and criminal consequences. While the specific offences and penalties are not detailed in the legislative instrument, it is understood that failure to comply with the trade control provisions could lead to enforcement actions. The EPBC Act provides for a range of penalties for breaches, including fines and imprisonment. For example, illegal trade of native specimens could attract substantial fines and, in severe cases, imprisonment for directors or responsible officers of companies involved in such activities. Additionally, the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, which influenced the inclusion of these specimens in the list, underscore the importance of adhering to ecologically sustainable practices, further reinforcing the need for compliance.