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 29 August 2014 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 Scallop and Turbo Fisheries, as defined in the South Australian Fisheries Management Act 2007, the Fisheries Management (Miscellaneous Fishery) Regulations 2000 and the Fisheries Management (General) 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 13 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 13 November 2013. 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 management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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 ensure that the ecological impact of activities and developments is adequately managed and mitigated. This Act was introduced to address the need for a comprehensive legal framework to manage the ecological sustainability of various activities and their impact on the environment and biodiversity. The EPBC Act was enacted by the Parliament of Australia and aims to implement the nation's international obligations under various environmental conventions and agreements, as well as to protect and conserve Australia's unique and valuable biodiversity. The legislative instrument in question amends the list of exempt native specimens under the EPBC Act by revoking the existing conditions for certain fish and invertebrate specimens taken in the South Australian Scallop and Turbo Fisheries, and imposing new conditions to allow continued export of these specimens until 13 November 2015. This amendment was made in consultation with relevant stakeholders and in accordance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument amends the list of exempt native specimens by revoking the existing conditions and imposing new conditions on the inclusion of certain fish and invertebrate specimens in the list. These specimens, which are or are derived from fish or invertebrates and are taken in the South Australian Scallop and Turbo Fisheries, are now exempt from the trade control provisions that apply to regulated native specimens. This amendment applies to the specimens until 13 November 2015, provided they were taken lawfully and are not species listed under Part 13 of the EPBC Act. The instrument ensures that the export of these specimens can continue until the specified date. The Minister for the Environment has consulted with relevant stakeholders, including the Department of Primary Industries and Regions South Australia, in accordance with subsection 303DC(3) of the EPBC Act. This legislative instrument is subject to the requirements of the Legislative Instruments Act 2003 and does not raise any human rights issues.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment (Exempt Native Specimens) Instrument 2015 (F2015L00684) focus on modifying the List of Exempt Native Specimens under section 303DB. This amendment primarily concerns specimens of fish and invertebrates derived from specific fisheries in South Australia, excluding those species listed under Part 13 of the EPBC Act. The changes involve revoking existing conditions and imposing new conditions on these specimens. The new conditions require that the specimens were taken lawfully and remain listed until 13 November 2015. This legislative instrument is designed to facilitate the continued export of these specimens until the specified date.
The obligations imposed by this Act on parties and entities governed by it include ensuring that any specimens of fish or invertebrates derived from the South Australian Scallop and Turbo Fisheries, as defined in the relevant state legislation, are taken lawfully. Additionally, these parties must adhere to the conditions that the specimens remain listed in the exempt native specimens until 13 November 2015. This requirement ensures that the trade of these specimens is conducted within the bounds of the law and in accordance with the ecological sustainability guidelines.
There are no explicit offences, penalties, or civil/criminal consequences outlined in this legislative instrument. However, any breach of the conditions regarding the lawful taking and trade of specimens could potentially lead to legal action under other provisions of the EPBC Act. The primary focus of this instrument is to clarify and extend the conditions for the exemption of certain specimens from trade controls, rather than to introduce new penalties. Parties failing to comply with the lawful taking condition may face consequences under broader environmental protection laws, which could include fines and other sanctions.