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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 23 January 2015 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, and
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)
taken in the South Australian Marine Scalefish Fishery, as defined in the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2013 in force under the South Australian Fisheries Management Act 2007
and to impose the following conditions to which 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 in the list until 25 March 2016.
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 25 March 2016. The only effect of this amendment is to extend this date.
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 South Australian Department of Primary Industries and Regions as the South Australian Department of Primary Industries and Regions has management responsibilities 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.
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 by the Parliament of Australia to provide for the protection of the environment, particularly in relation to biodiversity and heritage, and to regulate activities that may have a significant impact on the environment. This Act addresses the problem of ensuring that the trade of native specimens does not threaten the survival of species or ecosystems. In line with the policy objective of promoting ecologically sustainable development, the Act includes provisions for the management of native specimens through a list of exempt specimens, which are exempt from trade control provisions. The explanatory statement outlines an amendment to the list of exempt native specimens, specifically concerning specimens taken in the South Australian Marine Scalefish Fishery. This amendment, which was made in accordance with Section 303DC of the EPBC Act, revokes the previous conditions and imposes new conditions, allowing continued export of these specimens until 25 March 2016, while ensuring they were taken lawfully. This change was made after appropriate consultations, including with the South Australian Department of Primary Industries and Regions, to align with the Australian Government's guidelines for ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC concerns the regulation of trade in native specimens, particularly those derived from fish or invertebrates taken in the South Australian Marine Scalefish Fishery. This legislation applies to specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act, which pertains to Australia’s CITES list. The primary purpose of this amendment is to exempt these specimens from the trade control provisions applicable to regulated native specimens, allowing continued export until 25 March 2016. The exemption conditions, subject to revocation and re-imposition, require that the specimens be taken lawfully and be included in the list until the specified date. This amendment follows the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’ and was developed in consultation with relevant stakeholders, including the South Australian Department of Primary Industries and Regions. The instrument is a legislative tool under the Legislative Instruments Act 2003 and commenced upon registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment (List of Exempt Native Specimens) Instrument 2015 (F2015L01487) primarily modifies the list of exempt native specimens (Section 303DB) by revoking and imposing new conditions for certain fish and invertebrate specimens taken in the South Australian Marine Scalefish Fishery. Specifically, Section 303DC of the EPBC Act allows for the amendment of this list, and the instrument revokes conditions previously imposed on 23 January 2015 for specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act and taxa listed under section 303CA (Australia’s CITES list). Instead, it imposes new conditions: the specimens must be taken lawfully, and they are included in the list until 25 March 2016.
The obligations imposed by this legislation on the parties concerned are primarily about compliance with the new conditions. The specimens derived from fish or invertebrates, taken within the specified fishery and timeframe, must be lawfully obtained. This requirement ensures that the specimens are sourced in accordance with applicable laws and regulations governing the fishery, reflecting a commitment to lawful and sustainable fishing practices. Additionally, the inclusion of these specimens in the list until 25 March 2016 imposes a temporal limit, beyond which these specimens would no longer be exempt from trade control provisions.
Failure to comply with the provisions of this instrument may result in various consequences. Under the EPBC Act, breaches of the trade control provisions can lead to both civil and criminal penalties. For example, illegal trade of specimens not meeting the criteria for exemption could result in fines and imprisonment. The maximum penalties for breaches of the Act can include substantial fines for corporations (up to several hundred thousand Australian dollars) and imprisonment for individuals involved in the illegal trade of native specimens. It is essential for entities and individuals to adhere to the specified conditions to avoid these potential legal repercussions.