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 30 November 2005 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 Marine Scalefish Fishery;
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 in the list until 1 February 2012.
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 1 February 2012.
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 for Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the Department of Primary Industries and Resources South Australia, as the Department of Primary Industries and Resources 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.
Unique Identifying Number: EPBC303DC/SFS/2011/42
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was established to address the need for a comprehensive framework to protect and manage Australia's environment, particularly focusing on biodiversity conservation. The Act aims to provide for the ecological sustainable use of the environment and to protect Australia's native species and ecosystems. One of the mechanisms within the Act is the ability to list certain native specimens as exempt from trade controls, which is governed by Section 303DB. This legislative instrument, F2011L02158, amends the list of exempt native specimens in accordance with Section 303DC of the EPBC Act. Specifically, it revokes previous conditions and imposes new conditions for specimens taken in the South Australian Marine Scalefish Fishery, ensuring continued export of these specimens until 1 February 2012. The decision to amend the list was influenced by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the fishery's management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument, F2011L02158, pertains to the regulation of native specimens exempt from trade controls under the EPBC Act. Specifically, this instrument modifies the conditions for 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. These specimens, which were previously subject to certain conditions, are now exempt from trade restrictions until 1 February 2012, provided they were taken lawfully. The amendment aims to facilitate the continued export of these specimens while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument is a legislative measure that came into effect following its registration on the Federal Register of Legislative Instruments and operates within the Commonwealth jurisdiction, affecting fisheries management in South Australia.
Key Provisions
The main operative sections of the legislation, specifically section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the amendment of the list of exempt native specimens. Under section 303DB, certain specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they are included in the list. This legislative instrument focuses on modifying the conditions under which specimens from the South Australian Marine Scalefish Fishery are included in the list of exempt native specimens. It revokes the previous conditions set on 30 November 2005 and introduces new conditions that the specimens must meet to remain exempt. These new conditions include the requirement that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully, and that they remain on the exempt list until 1 February 2012.
The obligations and requirements imposed by this Act on the parties or entities it governs primarily revolve around the lawful taking of specimens and adherence to the specified conditions for their inclusion in the list of exempt native specimens. The specimens in question, which are fish or invertebrate specimens taken in the South Australian Marine Scalefish Fishery, must be derived from activities that comply with all relevant legal frameworks. This means that any person or entity exporting these specimens must ensure that they were obtained in a lawful manner, which typically includes compliance with fisheries management regulations and any other applicable laws. Additionally, the specimens can only be exported under the conditions stipulated in the Act until the specified date of 1 February 2012.
In terms of consequences for breach, the legislation does not explicitly detail specific offences, penalties, or civil/criminal consequences within the provided text. However, the Act's framework implies that any breach of the conditions for lawful taking or improper exportation of specimens could result in enforcement actions under the EPBC Act or other relevant legislation. Given the nature of the Act, penalties could potentially include fines, legal action, or other regulatory measures to ensure compliance with environmental and biodiversity conservation standards. The exact penalties would depend on the specific breach and the discretion of the relevant authorities.