EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)
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 include the following specimens in the list of exempt native specimens:
- 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 regime, 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,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- 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 August 2016.
References to definitions in instruments made under or in force under legislation are to be read as references to provisions in those instruments and legislation as in force from time to time.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until 26 August 2016.
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 Industry and Regions South Australia as the Department of Primary Industry and Regions South Australia has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislation.
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 environmental protection and biodiversity conservation issues, providing a framework for the protection of the environment, particularly in relation to activities that may have a significant impact on the environment. This Act was introduced to ensure that the federal government has the necessary tools to protect and conserve Australia’s biodiversity and environment, including native specimens. The EPBC Act allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument, F2016L01066, amends the list of exempt native specimens under Section 303DC(1) of the EPBC Act. It was enacted by the Minister for the Environment, who consulted with relevant stakeholders, including the Department of Primary Industry and Regions South Australia, in accordance with Section 303DC(3) of the EPBC Act. The objective of this amendment is to facilitate the export of certain fish and invertebrate specimens taken in the South Australian Sardine Fishery, subject to certain conditions, until 26 August 2016.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument, identified by F2016L01066, pertains to the amendment of the list of exempt native specimens under section 303DC(1). This amendment exempts certain specimens from the trade control provisions that apply to regulated native specimens, provided they meet specific criteria. Specifically, it concerns specimens that are either fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the South Australian Sardine Fishery. This fishery is defined under the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2007. The exemption is contingent upon the specimens being taken lawfully and remains in effect until 26 August 2016. This legislative instrument applies across the Commonwealth of Australia and extends to any entities or individuals involved in the trade or export of these specimens. The amendment also involves consultation with relevant ministers and authorities, including the Department of Primary Industry and Regions South Australia, to ensure compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The key provisions of the legislative instrument (F2016L01066) amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by including certain specimens in the list of exempt native specimens under section 303DB (paragraph 303DC(1)). Specifically, the instrument adds specimens of fish and invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Sardine Fishery, as defined under the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2007. This inclusion allows for the export of these specimens until 26 August 2016, provided they were taken lawfully and are included in the list until that date.
The obligations imposed by this amendment require that the specimens must be lawfully taken and that they are subject to the conditions and restrictions specified. This means that any entity or individual exporting these specimens must ensure that they comply with the criteria that they were taken lawfully and remain included in the list until the specified date. The instrument also mandates consultation with relevant state and territory ministers as well as other appropriate persons and organisations before making amendments to the list, as outlined in subsection 303DC(3) of the EPBC Act.
The legislative instrument does not specify particular offences, penalties, or consequences for breach; however, the EPBC Act generally provides for enforcement mechanisms. Breaches of the EPBC Act could potentially lead to civil penalties, including fines, or criminal penalties, which could include imprisonment, depending on the severity and nature of the breach. The maximum penalties would be in accordance with the provisions of the EPBC Act itself.