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 1 November 2011 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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
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 while the fishery is covered by a wildlife trade operation declaration.
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 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 Regions South Australia as that department 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 Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 24 business days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2012/06
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment, heritage places, and matters of national environmental significance. The 2012 amendment to the list of exempt native specimens under Section 303DC of the EPBC Act aims to facilitate the continued export of marine specimens from the South Australian Marine Scalefish Fishery while ensuring compliance with ecologically sustainable management practices. The amendment, which revokes previous conditions and imposes new ones, was developed in consultation with relevant stakeholders, including the Department of Primary Industries and Regions South Australia, and was made in accordance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment was also subject to a period of public consultation, though no comments were received. This legislative instrument, registered under the Legislative Instruments Act 2003, is compatible with international human rights and freedoms and commenced on the day following its registration.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC modifies the conditions under which certain native specimens are exempt from trade control provisions, as specified by Section 303DB of the Act. This legislative instrument pertains to specimens that are or are 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. The amendment revokes previous conditions and imposes new ones, namely, that 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 in relation to the fishery. This ensures continued export of these specimens while the fishery operates under a wildlife trade operation declaration. The amendment is made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide criteria for assessing the ecological sustainability of the fishery’s management arrangements. This legislative instrument applies nationally and is subject to consultation with relevant state and territory ministers, as well as the Department of Primary Industries and Regions South Australia, and public comment as advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website.
Key Provisions
The primary sections of this legislation (Sections 303DB and 303DC of the EPBC Act) concern the amendment of the List of Exempt Native Specimens. Specifically, they deal with the exemption of certain fish and invertebrate specimens taken from the South Australian Marine Scalefish Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. The instrument revises the conditions attached to these exemptions, removing previous conditions and replacing them with new stipulations. These new conditions mandate that the specimens must have been taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act.
This Act imposes several obligations on the parties involved. Firstly, any person or entity exporting these specimens must ensure that the specimens, or the fish or invertebrates from which they are derived, were taken in a lawful manner. Additionally, the specimens must be covered by a declaration from an approved wildlife trade operation, ensuring that the export complies with the EPBC Act’s regulations. This declaration is crucial as it verifies that the trade operation has met the necessary ecological and legal standards.
Failure to comply with the provisions of this Act can lead to significant consequences. Although specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally can result in both civil and criminal penalties. Civil penalties can include substantial fines, while criminal penalties might involve imprisonment, depending on the severity of the breach. It is important to note that the exact penalties would be determined in accordance with the provisions of the EPBC Act.
The legislative instrument also ensures that the amendments made comply with the Legislative Instruments Act 2003 and do not infringe upon any rights or freedoms recognised or declared in international human rights instruments. The Minister for Sustainability, Environment, Water, Population and Communities undertook appropriate consultations, including with the Department of Primary Industries and Regions South Australia, and provided a public comment period on the proposed changes. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments, ensuring timely implementation of the new conditions.