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 29 October 2008 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 Rock Lobster Fishery, as defined in the South Australian Fisheries Management Act 2007, Fisheries Management (Rock Lobster Fisheries) Regulations 2006 and the Fisheries Management (General) Regulations 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 included in the list until 26 October 2018.
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 26 October 2018. 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 Department of Primary Industries and Regions South Australia, which 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 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 protection of the environment and biodiversity, including the regulation of trade in native specimens. This legislative instrument amends the List of Exempt Native Specimens under section 303DC of the EPBC Act, which exempts certain native specimens from trade control provisions applicable to regulated native specimens. Specifically, this amendment revokes previous conditions on specimens from the South Australian Rock Lobster Fishery, taken lawfully, and extends their exemption until 26 October 2018. The change allows for the continued export of these specimens while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment consulted with relevant stakeholders, including the Department of Primary Industries and Regions South Australia, and invited public comment on the proposal, though no comments were received.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens is applicable to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Rock Lobster Fishery. This legislative instrument is designed to ensure that the trade of these specimens remains exempt from the trade control provisions that apply to regulated native specimens, with specific conditions governing their inclusion in the list of exempt native specimens. These conditions include the requirement that the specimens were taken lawfully and that they remain exempt until 26 October 2018. The amendment revokes previous conditions and imposes new ones, extending the date for the continued export of these specimens. The legislative instrument has a national reach, applying across Australia and involves consultation with relevant Commonwealth and state ministers, as well as public consultation. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC allows for the revocation of conditions and the imposition of new conditions on specimens that are or are derived from fish or invertebrates taken in the South Australian Rock Lobster Fishery. The changes allow for the continued export of these specimens until 26 October 2018, provided they were taken lawfully. The original conditions, which were subject to certain limitations, are revoked and replaced with the new conditions (Section 303DB(2)(b)).
The obligations imposed by this legislation are primarily administrative and procedural. The Minister for the Environment, or their delegate, is required to consult with relevant state and territory ministers and other stakeholders before making amendments to the List of Exempt Native Specimens (Section 303DC(3)). In this instance, the Delegate consulted with the Department of Primary Industries and Regions South Australia and advertised the proposal on the Department of the Environment’s website, inviting comments for 22 business days. Additionally, the legislation mandates that the proposal be considered in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management arrangements of the fishery are assessed for ecological sustainability.
Breaching the conditions set forth by this legislation could result in various consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, under the EPBC Act, violations related to the trade of native specimens can result in both civil and criminal penalties. Civil penalties can include fines up to a significant amount, depending on the nature and extent of the offence. Criminal penalties may include imprisonment for individuals and substantial fines for corporations. The precise penalties would be determined based on the specific circumstances of the breach and the relevant provisions of the EPBC Act.