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 include the following specimens in the list of exempt native specimens:
- 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 Beach-cast Marine Algae Fishery as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 2000 in force under the Fisheries Management Act 2007 (South Australia),
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- 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.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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 the Department of Primary Industries and Regions South Australia as the Department of Primary Industries and Regions South Australia 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 the Environment’s website and comment was invited from interested people for a period of 25 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens
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.
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 environment and biodiversity by regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's environmental resources, ensuring that development and economic activities do not compromise the nation's ecological integrity. The Act is administered by the Australian Government, specifically under the purview of the Minister for the Environment. The policy objective of the Act is to promote the ecologically sustainable use of natural resources, which aligns with the broader goal of conserving Australia's unique biodiversity and heritage. This particular legislative instrument, F2015L00796, amends the list of exempt native specimens under section 303DB of the EPBC Act, facilitating the export of certain marine specimens derived from the South Australian Beach-cast Marine Algae Fishery without requiring export permits, provided specific conditions are met.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC targets specimens derived from fish or invertebrates taken in the South Australian Beach-cast Marine Algae Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. The instrument exempts these specimens from trade control provisions when certain conditions are met, such as lawful taking and coverage by an approved wildlife trade operation declaration. This amendment facilitates the export of these specimens without requiring export permits, contingent on the fishery’s management meeting the Australian Government’s criteria for ecologically sustainable management. The legislative instrument applies across the Commonwealth, with consultation mandated under Section 303DC(3) of the EPBC Act involving relevant state and Commonwealth ministers, as well as public consultation. This amendment is consistent with the Legislative Instruments Act 2003 and does not infringe on any rights or freedoms, nor does it raise any human rights issues as per the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) permits the amendment of the list of exempt native specimens. The Act, as amended by this legislative instrument, now includes specimens derived from fish or invertebrates taken in the South Australian Beach-cast Marine Algae Fishery, provided they meet certain conditions (section 303DB). These specimens are exempt from the trade control provisions applicable to regulated native specimens, facilitating their export without the need for export permits, as long as they are part of an approved wildlife trade operation and were taken lawfully (section 303FN).
The obligations imposed by this Act on the relevant parties primarily concern compliance with the conditions for exemption. Entities involved in the export of these specimens must ensure that the specimens are derived from fish or invertebrates lawfully taken and are part of a declared approved wildlife trade operation. This requires adherence to both state and federal regulations governing the fishery and trade operations, as well as compliance with any additional conditions specified by the Minister for the Environment.
Breaching the conditions for exemption can result in the loss of the exemption status, thereby necessitating the application for export permits for the specimens in question. While the Act does not explicitly detail specific penalties for non-compliance, breaches of related environmental protection laws under the EPBC Act can result in significant civil and criminal penalties. For instance, contravening the Act's provisions can lead to fines and imprisonment. The exact penalties depend on the nature and severity of the breach, with maximum fines potentially reaching hundreds of thousands of dollars and imprisonment terms extending up to several years. The Minister's discretion in enforcing these penalties ensures that the ecological sustainability and lawful management of the fishery are upheld.