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 include the following specimens in the list of exempt native specimens:
- 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 Marine Scalefish Fishery,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 28 January 2015.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 28 January 2015.
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.
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 to address the need for a comprehensive framework to protect Australia's biodiversity and the environment from significant impacts caused by activities, including trade in native species. The Act empowers the Minister for the Environment to list certain native specimens, exempting them from trade control provisions applicable to regulated native specimens. This legislative instrument amends the list of exempt native specimens under section 303DC of the EPBC Act to include specimens taken in the South Australian Marine Scalefish Fishery, provided they are derived from fish or invertebrates and are not listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list is conditional on their lawful capture and is valid until 28 January 2015, facilitating continued export of these specimens within the specified timeframe. The amendment process involved consultation with relevant stakeholders, including the Department of Primary Industries and Regions South Australia, in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by incorporating certain fish and invertebrate specimens into the list of exempt native specimens, thereby exempting them from trade control provisions that apply to regulated native specimens. Specifically, the amendment pertains to specimens derived from fish or invertebrates taken in the South Australian Marine Scalefish Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This exemption is subject to conditions that the specimens must be lawfully taken, and the exemption remains in effect until 28 January 2015. The decision to amend the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide criteria for assessing the ecological sustainability of fishery management. This amendment is made under the authority granted by Section 303DC of the EPBC Act, which requires consultation with relevant ministers and authorities, including the Department of Primary Industries and Regions South Australia, before making changes to the list of exempt native specimens.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include certain specimens in the list of exempt native specimens (Section 303DB). 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 Marine Scalefish Fishery, are now exempt from trade control provisions. These specimens are exempt until 28 January 2015, provided they were taken lawfully and are included in the list until that date (Section 303DC). This amendment allows for the continued export of these specimens until the specified date.
The Act imposes several obligations on parties or entities governed by it. Firstly, any specimens included in the list of exempt native specimens must be derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act. Secondly, these specimens must have been taken in the South Australian Marine Scalefish Fishery. Thirdly, the specimens must have been taken lawfully, meaning they must comply with all relevant fishing regulations and permits. Lastly, these specimens are only exempt until 28 January 2015, after which they will revert to being subject to the trade control provisions.
Breaches of the provisions outlined in this legislation could lead to various consequences. While the explanatory statement does not detail specific offences, the EPBC Act generally provides for both civil and criminal penalties for violations. Civil penalties can include fines, and in some cases, the recovery of costs incurred by the Commonwealth. Criminal penalties may include imprisonment, particularly where there is intent to deceive or where the breach is willful or negligent. The maximum penalties would depend on the specific nature of the offence under the EPBC Act, but they can be significant, reflecting the importance of the Act’s conservation objectives.