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 19 June 2013 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 24 August 2018.
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 24 August 2018.
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, Heritage and Water 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, Heritage and Water consulted with the Department of Primary Industries and Regions South Australia as the Department of 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.
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.
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 provide for the protection of the environment, particularly the biodiversity, and to manage the impacts of activities that may affect the environment. The Act was introduced to address the problem of unregulated trade of native specimens that could threaten biodiversity. This particular legislative instrument, F2013L01632, was created to amend the List of Exempt Native Specimens in accordance with section 303DC of the EPBC Act. The instrument was enacted by the Parliament of Australia and its policy objective is to ensure the continued export of exempt native specimens until a specified date, while maintaining the ecological sustainability of fisheries. The instrument revokes and imposes new conditions on the exemption of certain fish and invertebrate specimens from the South Australian Abalone Fishery, allowing their export until 24 August 2018, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to specimens derived from fish or invertebrates, specifically those taken in the South Australian Abalone Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This legislative instrument affects these specimens by exempting them from the trade control provisions that apply to regulated native specimens, permitting their export until 24 August 2018. The amendment is designed to facilitate continued export of these specimens while ensuring they are taken lawfully, thereby aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The jurisdictional reach of this Act is Commonwealth, impacting entities involved in the South Australian Abalone Fishery. The amendment was made following consultations with relevant authorities, including the Department of Primary Industries and Regions South Australia, and does not impose any additional exclusions or exemptions beyond those already outlined.
Key Provisions
The main operative sections of this legislation are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens (Section 303DB(1)). Section 303DC allows for the amendment of this list, including the imposition or revocation of conditions on the inclusion of certain specimens (Section 303DC(3)). This legislation revokes the conditions previously imposed on specimens derived from fish or invertebrates taken in the South Australian (SA) Abalone Fishery, and imposes new conditions that these specimens remain exempt from trade controls until 24 August 2018, provided they were taken lawfully (Section 303DC(3)).
The Act imposes specific obligations on the parties involved in the management and trade of these specimens. The specimens must be taken lawfully as defined under the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA Fisheries Management Act 2007. Additionally, the Department of Primary Industries and Regions South Australia, which has management responsibility for the fishery, was consulted before the amendment was made, as required by Section 303DC(3) of the EPBC Act.
Any breach of the conditions imposed by this legislation could result in legal consequences. Although the Act does not explicitly state penalties for non-compliance, the continued export of these specimens in breach of the imposed conditions could lead to actions under the EPBC Act. The Minister for the Environment, Heritage and Water may take enforcement action against individuals or entities found to be in breach of the Act’s provisions. The specific penalties for such breaches would be determined based on the nature and severity of the violation, and could include fines or other legal sanctions as deemed appropriate by the relevant authorities.