EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment, Heritage and the Arts)
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 Lakes and Coorong Fishery, as defined in the Fisheries Management (Lakes and Coorong Fishery) Regulations 2006 and the Fisheries Management (General) Regulations 2007 in force under the Fisheries Management Act 2007 (South Australia).
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 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 on the list of exempt native specimens will allow continued export of these specimens until 27 November 2010.
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 organizations as the Minister considers appropriate. In this instance, the Minister for Environment, Heritage and the Arts consulted with the South Australian Minister for Agriculture, Food and Fisheries and the Department of Primary Industries and Resources South Australia as the Minister and Department have management responsibilities 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 21 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/2009/10
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. The Act provides a framework for the protection of the environment and biodiversity by controlling activities that may have a significant impact. In 2009, the Act was amended through F2009L02074 to adjust the List of Exempt Native Specimens as per Section 303DC, with the aim of facilitating the continued export of certain fish and invertebrate specimens from South Australia’s Lakes and Coorong Fishery. This amendment was made under the authority of the Minister for the Environment, Heritage and the Arts, following consultations with relevant South Australian authorities and public advertisement for comments. The policy objective of these changes is to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of fisheries is ecologically sustainable.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2009L02074, pertains specifically to the inclusion of certain specimens from the South Australian Lakes and Coorong Fishery on the list of exempt native specimens. This exemption applies to specimens of fish or invertebrates taken within the defined fishery areas and not belonging to species listed under Part 13 of the EPBC Act. The specimens must be lawfully taken and must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This exemption facilitates the continued export of these specimens until 27 November 2010, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment process involved consultation with relevant South Australian ministers and departments, as well as a public notice period on the Department of the Environment, Water, Heritage and the Arts’ website, although no comments were received. This legislative instrument is recognised under the Legislative Instruments Act 2003 and commenced 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) is amended by this instrument to include certain specimens in the list of exempt native specimens (section 303DC). Specifically, specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Lakes and Coorong Fishery, are now exempt from the trade control provisions that apply to regulated native specimens. This inclusion is contingent upon two conditions: the specimens must be taken lawfully, and they must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery.
Parties involved in the trade of these specimens must ensure compliance with the requirements set forth by the Act. This includes verifying that the specimens were taken lawfully and are covered by the appropriate declaration of an approved Wildlife Trade Operation. It is also imperative that those managing or involved in the fishery adhere to the guidelines established under the Fisheries Management Act 2007 (South Australia), specifically the Fisheries Management (Lakes and Coorong Fishery) Regulations 2006 and the Fisheries Management (General) Regulations 2007.
Failure to comply with the provisions of the EPBC Act may result in legal consequences. While specific offences and penalties are not detailed in the Explanatory Statement, breaches of the EPBC Act can generally lead to civil or criminal penalties. These may include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened. It is important for all involved parties to understand and adhere to the legislative requirements to avoid any legal repercussions.