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 20 June 2012 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 (SA) Abalone Fishery, as defined in the management regime in force under the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA 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 included in the list until 30 August 2013.
The only effect of this amendment is to extend this date. 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 30 August 2013.
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 Primary Industries and Regions South Australia as Primary Industries and Regions South Australia has management responsibility 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 protection of the environment, particularly biodiversity, and to ensure the sustainable use of natural resources. The Act provides a framework for the regulation of activities that may impact the environment, including the control of trade in native specimens. To implement this, Section 303DB of the EPBC Act establishes a list of exempt native specimens that are not subject to the trade control provisions for regulated native specimens. This legislative instrument, F2013L01030, was introduced to amend the list of exempt native specimens, specifically addressing specimens derived from fish or invertebrates taken in the South Australian Abalone Fishery, subject to certain conditions. This amendment was made to ensure that the export of these specimens can continue in compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument was developed following consultation with relevant state authorities and commenced upon registration on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment, detailed in F2013L01030, concerns the list of exempt native specimens and applies specifically to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken within the South Australian Abalone Fishery. The Amendment revokes existing conditions tied to the inclusion of these specimens on the list of exempt native specimens and replaces them with new conditions, which stipulate that the specimens must have been taken lawfully and remain exempt until 30 August 2013. This change is intended to facilitate the continued export of these specimens until the specified date. The Minister for Sustainability, Environment, Water, Population and Communities undertook the necessary consultations with relevant stakeholders, including Primary Industries and Regions South Australia, to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument, which commenced on the day after its registration on the Federal Register of Legislative Instruments, serves to refine the regulatory framework governing the trade of native specimens within the specified fishery.
Key Provisions
The main operative sections of this legislation, under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), focus on the establishment of a list of exempt native specimens. Specifically, Section 303DC provides the mechanism for amending this list, and the current instrument revokes existing conditions on specimens derived from fish or invertebrates, excluding those listed under Part 13 of the EPBC Act, taken in the South Australian Abalone Fishery. This exemption is conditional upon the specimens being lawfully taken and included in the list until 30 August 2013, although this date has been extended through the amendment.
The Act imposes several obligations and requirements on the parties involved. Primarily, it requires that any specimens included in the list must be taken lawfully, ensuring compliance with existing fisheries regulations and management regimes. This includes adherence to the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA Fisheries Management Act 2007. The Minister for Sustainability, Environment, Water, Population and Communities is also mandated to consult with relevant Commonwealth ministers, state and territory ministers, as well as other appropriate persons and organisations before making amendments to the list. This ensures a collaborative approach to managing and regulating the fishery.
Any breach of the conditions set out in this legislation could result in civil or criminal consequences. Although specific penalties are not detailed in the text, breaches of the EPBC Act can lead to significant penalties under the Act itself. Generally, violations may incur fines and/or imprisonment depending on the severity of the breach. For example, under the EPBC Act, individuals or entities may face substantial financial penalties, and in some cases, criminal charges could be pursued for serious violations.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, meaning it has the force of law once registered on the Federal Register of Legislative Instruments. The commencement of this instrument is tied to its registration date, ensuring that the changes to the list of exempt native specimens are effective immediately upon registration. This legislative approach underscores the importance of adhering to the established legal and regulatory frameworks governing the management and export of native specimens.