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 on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to include the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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.
The inclusion of the specimens in the list is subject to the following notations:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- the specimens are included on the list until 21 June 2012.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 21 June 2012.
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 must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organisations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Department of Primary Industries and Resources South Australia as the Department has management responsibility for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 20 days. One public comment was received and was taken into account in the decision to include the fishery on the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2009/18
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the cornerstone piece of legislation in Australia designed to protect and manage the nation's environment, including biodiversity and heritage places. Enacted by the Commonwealth Parliament, this Act seeks to fill the gap in environmental protection by providing a framework for the conservation of biodiversity and the sustainable use of natural resources. The Act addresses issues such as the impact of human activities on the environment and the need for comprehensive biodiversity conservation strategies. In accordance with section 303DC of the EPBC Act, a legislative instrument was introduced to amend the list of exempt native specimens, allowing for the inclusion of certain specimens taken in the South Australian Abalone Fishery. This amendment facilitates the continued export of these specimens until 21 June 2012, subject to specific conditions, while aligning with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The policy objective behind this legislative action is to ensure that the management of native specimens is conducted in an ecologically sustainable manner.
Scope and Application
The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by altering the list of exempt native specimens in accordance with section 303DC. This Act applies to the specimens of fish and invertebrates taken in the South Australian Abalone Fishery, excluding those specimens that belong to species listed under Part 13 of the EPBC Act. The amendment allows for the continued export of these specimens until 21 June 2012, provided that they were taken lawfully. The decision to include these specimens on the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Environment, Heritage and the Arts consulted with relevant stakeholders, including the Department of Primary Industries and Resources South Australia, and also invited public comments on the proposal, which were considered in the final decision. This legislative instrument is a formal instrument under the Legislative Instruments Act 2003 and will take effect on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment (Exempt Native Specimens) Instrument 2009 (F2009L02455) modifies the List of Exempt Native Specimens under Section 303DB (paragraph 1). This amendment includes specimens from fish or invertebrates, except those from species listed under Part 13 of the EPBC Act, taken in the South Australian (SA) Abalone Fishery, as defined in the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA Fisheries Management Act 2007, to the list of exempt native specimens (section 2). These specimens are exempt from the trade control provisions that apply to regulated native specimens. The inclusion of these specimens in the list is contingent upon two conditions: the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully, and the specimens are included on the list until 21 June 2012 (section 3). This amendment facilitates continued export of these specimens until the specified date.
The Act imposes several obligations on parties and entities governed by it. The Minister, or their delegate, must consult with relevant Ministers, including those from each State and self-governing Territory, and other persons and organisations deemed appropriate before amending the list of exempt native specimens (section 303DC(3)). In this case, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Department of Primary Industries and Resources South Australia, which has management responsibility for the fishery concerned. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting comments from interested parties for 20 days (section 4). Any public comments received are considered in the decision-making process.
There are no specific offences, penalties, or civil or criminal consequences mentioned for breach of the provisions in this instrument. However, as a legislative instrument, it is subject to the requirements and oversight provided by the Legislative Instruments Act 2003. The instrument will come into effect on the day following its registration on the Federal Register of Legislative Instruments (section 6). This registration ensures that the legislative changes are officially documented and accessible to the public, thereby maintaining transparency and accountability in the legislative process.