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 30 November 2007 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 2010.
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 2010.
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. 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 the Environment, 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. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the South Australia Department of Primary Industries and Resources as the Department has management responsibility for the fishery concerned.
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/2009/24
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly in relation to biodiversity conservation. This legislation aims to address the problem of ensuring that the trade of native specimens does not have detrimental effects on the environment and biodiversity. In line with this objective, the Act includes provisions for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The EPBC Act Amendment of the List of Exempt Native Specimens in accordance with Section 303DC, introduced by the Parliament of Australia, seeks to address a specific gap by revoking and replacing the conditions for the exemption of certain native specimens from trade controls. This change facilitates the continued export of these specimens until a specified date, ensuring that the management of fisheries remains ecologically sustainable as per the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the conditions under which certain specimens are exempt from the trade control provisions applicable to regulated native specimens. Specifically, it pertains to specimens 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 as defined by the relevant South Australian fisheries regulations. This legislative instrument applies to any person or entity involved in the trade or export of these specimens, operating within the geographical boundaries of the South Australian Blue Crab Fishery as regulated by the mentioned fisheries laws. The instrument is designed to allow continued export of these specimens until 15 April 2010, provided they were taken lawfully and are included on the list of exempt native specimens under these specific conditions. The amendment does not extend or restrict the application of the EPBC Act beyond these specified conditions and is effective from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary sections involved in this legislative amendment are section 303DB and section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows the Minister for the Environment, Heritage and the Arts to amend the list of exempt native specimens, subject to consultation with relevant authorities as outlined in the Explanatory Statement. This amendment revokes existing conditions on certain specimens and imposes new conditions that these specimens are included on the list until 15 April 2010, provided they were taken lawfully.
The Act imposes specific obligations on parties or entities involved in the trade of these specimens. The specimens must have been taken lawfully, meaning they must comply with the regulations set out in the Fisheries Management (Blue Crab Fishery) Regulations 1998 and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 under the Fisheries Management Act 2007 (South Australia). Furthermore, the Minister for the Environment, Heritage and the Arts is required to consult with relevant authorities before making amendments to the list, as stipulated in section 303DC(3) of the EPBC Act. In this case, consultation was carried out with the South Australia Department of Primary Industries and Resources, which has management responsibility for the fishery concerned.
Breach of the provisions outlined in this legislative amendment could result in civil or criminal penalties, depending on the nature and severity of the offence. Under the EPBC Act, offences related to the illegal trade of native specimens can attract substantial penalties. The maximum penalty for a corporation can be up to $210,000, while individuals may face penalties of up to $21,000. These penalties reflect the importance of adhering to the regulations designed to protect biodiversity and ensure the ecologically sustainable management of fisheries. The inclusion of these specimens on the list of exempt native specimens until 15 April 2010 aims to facilitate continued lawful export, subject to the conditions specified.