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 (the 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 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 2006.
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- The specimen was taken lawfully; and
- The specimens are included on the list until 27 November 2014
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 27 November 2014
In determining to include the specimens on 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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment, Heritage and the Arts 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 Environment, Heritage and the Arts consulted with the Department of Primary Industry and Resources South Australia as the Department have management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 24 days. All comments received were taken into account in the decision to include the fishery on 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.
Unique Identifying Number: EPBC303DC/SFS/2009/45
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may impact the environment. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia’s biodiversity, ecosystems, and heritage places. The Act aims to ensure that the Commonwealth, in conjunction with the states and territories, can effectively manage environmental matters of national significance. This legislative instrument, introduced by the Commonwealth Parliament, amends the list of exempt native specimens under section 303DC of the EPBC Act to include specimens derived from fish or invertebrates taken in the South Australian Sardine Fishery, subject to certain conditions and restrictions, such as lawful taking and a specified timeframe until 27 November 2014. The policy objective behind this amendment is to allow for continued export of these specimens while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to specimens of fish or invertebrates taken within the South Australian Sardine Fishery, as defined under specific fisheries management regulations. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they are not from species listed under Part 13 of the EPBC Act. This exemption applies until 27 November 2014, contingent on the specimens being taken lawfully. The amendment to the list was made following consultation with relevant authorities, including the Department of Primary Industry and Resources South Australia, and public consultation as required by the Act. This legislative instrument, registered under the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation, under the Environment Protection and Biodiversity Conservation Act 1999, are sections 303DB and 303DC. Section 303DB sets up a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC, which this instrument modifies, allows for the amendment of this list. This particular legislative instrument amends the list to include certain specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the EPBC Act, taken in the South Australian Sardine Fishery.
The Act imposes several obligations on parties involved with the specimens covered by this legislation. Firstly, the specimens must be taken lawfully, meaning they must comply with the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006. Furthermore, these specimens are included on the list of exempt native specimens until 27 November 2014, providing a clear timeframe for their legal trade and export. Additionally, the Minister for Environment, Heritage and the Arts must consult with relevant state ministers and other appropriate persons and organisations before amending the list, as stipulated in section 303DC(3).
Failure to comply with the provisions of this legislation can result in various consequences. While the explanatory statement does not detail specific offences or penalties, breaches of the regulations governing the South Australian Sardine Fishery or the trade of native specimens could lead to legal repercussions under both the EPBC Act and the fisheries management laws of South Australia. Penalties for non-compliance with fisheries regulations can include fines, imprisonment, or both, depending on the severity of the breach. Furthermore, if specimens are traded in violation of the EPBC Act's trade control provisions, this could also result in fines, imprisonment, or other legal actions as outlined in the relevant sections of the Act.
The legislative instrument was subject to consultation and public comment as required by section 303DC(3) of the EPBC Act. The Delegate of the Minister for Environment, Heritage and the Arts consulted with the Department of Primary Industry and Resources South Australia, and the proposal was advertised on the Department of the Environment, Water, Heritage and the Arts' website, inviting comments for 24 days. All comments received were considered in the final decision to include the specimens on the list of exempt native specimens. This process ensures that the amendment reflects a broad range of interests and considerations, including ecological sustainability, as guided by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.