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 27 November 2009 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 Sardine Fishery, as defined in the Management Plan for South Australian Pilchard Fishery 2005, in force under the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) 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 27 November 2015.
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 27 November 2015. 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 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 the Environment’s website and comment was invited from interested people for a period of 22 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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 provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation introduced a framework for the assessment and approval of activities that may impact these significant environmental matters, including biodiversity. The Act was introduced by the Australian Parliament to address the gap in comprehensive environmental protection laws, particularly focusing on preventing significant damage to the environment from human activities. The policy objective is to ensure that environmental considerations are integrated into decision-making processes at all levels of government. The explanatory statement pertains to an amendment made to the list of exempt native specimens under section 303DB of the EPBC Act, which aims to facilitate continued export of certain fish and invertebrate specimens from the South Australian Sardine Fishery until 27 November 2015, subject to specific conditions.
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 taken in the South Australian Sardine Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This amendment affects the trade of these specimens by exempting them from the trade control provisions that apply to regulated native specimens. The amendment revokes the previous conditions attached to these specimens being included in the list of exempt native specimens, such as the requirement for specimens to be taken lawfully, and introduces new conditions, including the extension of the exemption period until 27 November 2015. This legislative instrument has a jurisdictional reach within Australia, specifically applying to the South Australian Sardine Fishery as defined under state legislation. The amendment process involved consultation with relevant state authorities and public comment, as required by the EPBC Act, ensuring that the decision to include these specimens in the list was made in line with ecologically sustainable management guidelines.
Key Provisions
The main sections of the legislative instrument (F2014L01534) focus on amending the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act is used to establish a list of native specimens exempt from trade control provisions applicable to regulated native specimens. This instrument revokes existing conditions on the inclusion of certain specimens in the list and imposes new conditions. These specimens are fish or invertebrate specimens, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Sardine Fishery, as defined in the Management Plan for the South Australian Pilchard Fishery 2005, in force under the South Australian Fisheries Management Act 2007 and related regulations. The specimens will remain exempt from trade control provisions until 27 November 2015, provided they were taken lawfully.
The obligations imposed by this legislation primarily concern the lawful taking of specimens and the adherence to the specified date until which the specimens remain exempt. Parties or entities involved in the trade of these specimens must ensure that the specimens were taken in accordance with the law and must comply with the conditions imposed by this instrument. These conditions include that the specimens must remain in the list of exempt native specimens until 27 November 2015, which extends the previous date by which the specimens were exempt. This legislative instrument requires those involved in the fishery to manage and trade these specimens in a manner consistent with the ecological sustainability criteria established by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.
The Act does not specify explicit offences, penalties, or civil/criminal consequences for breach within the text of the legislative instrument itself. However, breaches of the EPBC Act generally can lead to substantial penalties, including fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as outlined in the broader provisions of the EPBC Act. 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, ensuring transparency and consideration of all relevant interests before making the decision to amend the list.