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 on the list of exempt native specimens on 8 July 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 Blue Crab Fishery, as defined in the Fisheries Management (Blue Crab Fishery) Regulations 1998 and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 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 on the list until 15 April 2015.
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 15 April 2015.
In determining to include the specimens on 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 Environment Protection, Heritage and the Arts 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. 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 18 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/2010/17
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the need for a comprehensive legal framework to safeguard Australia's biodiversity and heritage. This legislative instrument, F2010L00961, amends the List of Exempt Native Specimens under the Act. The amendment was made in accordance with Section 303DC, which pertains to the establishment of a list of exempt native specimens from trade control provisions applicable to regulated native specimens. The policy objective behind this amendment is to ensure continued export of certain specimens until 15 April 2015, while ensuring that these specimens are taken lawfully and meet the criteria for ecological sustainability as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Environment Protection, Heritage and the Arts undertook consultations with relevant Commonwealth, State, and Territory ministers, and with other interested parties, before making this amendment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens according to Section 303DC concerns the regulation of native specimens that are exempt from the trade control provisions applicable to regulated native specimens, as stipulated under the EPBC Act. This particular legislative instrument pertains to the specimens that are or are derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, which were taken in the South Australian Blue Crab Fishery. These fisheries are defined in the Fisheries Management (Blue Crab Fishery) Regulations 1998 and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006, which are in force under the Fisheries Management Act 2007 of South Australia. The amendment revokes existing conditions and imposes new ones that the inclusion of these specimens on the list of exempt native specimens is subject to, namely, that the specimen or the fish or invertebrate from which it is derived was taken lawfully, and that the specimens are included on the list until 15 April 2015. The changes allow for the continued export of these specimens until the specified date, reflecting the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument is applicable across the Commonwealth and was developed in consultation with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DB). This involves revoking the conditions previously set for the inclusion of certain specimens on the list and imposing new conditions. Specifically, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Blue Crab Fishery, are now exempt from the trade control provisions that apply to regulated native specimens. This exemption is conditional upon the specimens being taken lawfully and remains in effect until 15 April 2015. The decision to amend the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fisheries management arrangements are ecologically sustainable.
This Act imposes several obligations on the parties and entities it governs. Firstly, any specimens to be included on the list of exempt native specimens must be derived from fish or invertebrates taken in the specified South Australian fishery and must not belong to species listed under Part 13 of the EPBC Act. Secondly, these specimens must have been taken lawfully, meaning they must comply with all applicable regulations and licensing requirements set by the relevant authorities. Additionally, the Minister for Environment Protection, Heritage and the Arts must consult with other relevant ministers and stakeholders before making any amendments to the list of exempt native specimens, ensuring a collaborative approach to environmental management and sustainability.
Breaches of the provisions set out in this legislation can result in civil and criminal consequences. Under the EPBC Act, unauthorised trade of regulated native specimens can lead to significant penalties. The maximum penalties for contravening the Act can include substantial fines and, in severe cases, imprisonment. For example, individuals or entities found guilty of illegal trade of native specimens could face fines of up to $222,200 and corporations could be fined up to $1,111,000. Additionally, the courts may order the confiscation of the specimens and any related equipment used in the illegal trade. These stringent penalties are in place to deter non-compliance and to ensure the protection of native species and their habitats.