EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a)
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 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 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 continued 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 22 business days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislation.
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, particularly with respect to matters of national environmental significance. This legislation aims to address the problem of unsustainable exploitation of native species and their habitats, which can lead to biodiversity loss and ecological imbalance. The Act establishes a framework for the regulation of activities that may impact the environment, including the creation of a list of exempt native specimens. The 2016 amendment to the list of exempt native specimens aims to streamline the export process for certain marine specimens taken in the South Australian Marine Scalefish Fishery, ensuring that these activities continue without unnecessary regulatory hurdles, provided they meet specific legal and ecological criteria. This amendment was made by the Delegate of the Minister for the Environment in accordance with section 303DC(1)(a) of the EPBC Act, following appropriate consultation and public notice.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment, as detailed in F2016L00380, pertains to the management of native specimens and their trade. Specifically, this legislation amends the list of exempt native specimens by removing certain conditions and applying new ones to fish and invertebrate specimens taken in the South Australian Marine Scalefish Fishery. The amendment allows for these specimens to be exported without the need for export permits, provided they are taken lawfully and are covered by a declaration under an approved wildlife trade operation. This revision aligns with the Australian Government’s guidelines for the ecologically sustainable management of fisheries. The changes apply to entities involved in the South Australian Marine Scalefish Fishery, ensuring that their operations remain compliant with environmental protection standards. The amendment took effect immediately upon registration on the Federal Register of Legislation and does not raise any human rights issues, as indicated by the statement of compatibility.
Key Provisions
The primary operative sections of this legislation are sections 303DC(1)(a) and 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which pertain to the establishment and amendment of the list of exempt native specimens. Specifically, section 303DC(1)(a) enables the Minister for the Environment to amend the list, while section 303DB outlines the criteria for specimens to be included in the list, thus exempting them from trade control provisions applicable to regulated native specimens. This particular legislative instrument revokes conditions previously imposed on the inclusion of specimens derived from fish or invertebrates, taken in the South Australian Marine Scalefish Fishery, within the list of exempt native specimens. The new conditions state that these 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.
The obligations imposed by this Act on parties and entities are primarily administrative and compliance-related. Fisheries managers, operators, and exporters must ensure that the specimens they handle are lawfully taken and fall within the scope of an approved wildlife trade operation. This involves adherence to the criteria established by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The Minister for the Environment is also obligated to consult with relevant state and Commonwealth ministers and other stakeholders, as outlined in section 303DC(3) of the EPBC Act. Additionally, public consultation is required, with the proposal advertised on the Department of the Environment’s website to gather any relevant feedback.
There are no explicit offences, penalties, or civil/criminal consequences detailed within this specific legislative instrument. However, the broader EPBC Act does provide for a range of penalties for breaches related to wildlife trade and management. These can include substantial fines and, in some cases, imprisonment. The specific penalties are determined by the courts and can vary based on the nature and severity of the breach. For instance, unauthorised trade in regulated native specimens can result in fines of up to $66,000 for individuals and $330,000 for corporations, as well as potential imprisonment terms. Compliance with the conditions outlined in this instrument is therefore critical to avoid these potential consequences under the overarching EPBC Act framework.