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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 3 October 2007 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 Act 1982, the Fisheries (Scheme of Management – Miscellaneous Fishery) Regulations 2000 and the Fisheries (General) Regulations 2000.
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 12 September 2014.
- Primary Industries and Resources South Australia (PIRSA) to develop and implement a Management Plan or Policy Document outlining:
- the ongoing management arrangements;
- management objectives; and
- trigger reference points, indicators and management responses;
for the South Australian Scallop and Turbo Fishery (SASTF) by 012 September 2013.
- PIRSA to conduct an ecological risk assessment (ERA) of the impacts of the SASTF and develop and implement mitigation measures to address identified risks as appropriate by 12 June 2013.
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 12 September 2014.
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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Environment Protection, 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 Protection, Heritage and the Arts consulted with the South Australian Minister for Agriculture, Food and Fisheries and the Department of Primary Industries and Resources South Australia as they have management responsibility for the fisheries concerned.
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/2010/41
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, and to establish a framework for the conservation of biodiversity. This legislation aims to address the problem of unsustainable exploitation of natural resources and biodiversity loss by imposing stringent controls on activities that may impact on the environment. The Act was introduced by the Parliament of Australia, with the policy objective of achieving ecologically sustainable development through the protection and conservation of the environment. This legislative instrument amends the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act, revoking existing conditions for the inclusion of certain fish and invertebrate specimens from the South Australian Scallop and Turbo Fisheries in the list of exempt native specimens and imposing new conditions to ensure their continued export until 12 September 2014. The changes were made after consulting with relevant stakeholders and considering 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, as per the legislative instrument F2010L02406, pertains to specimens that are or are derived from fish or invertebrates taken in the South Australian Scallop and Turbo Fisheries. These specimens, excluding those belonging to species listed under Part 13 of the EPBC Act, are exempt from the trade control provisions that apply to regulated native specimens. This amendment revokes prior conditions that were subject to the inclusion of these specimens in the list of exempt native specimens, effective from 3 October 2007, and imposes new conditions, effective until 12 September 2014. The specimens must be taken lawfully, and the inclusion in the list is contingent upon Primary Industries and Resources South Australia developing and implementing a Management Plan or Policy Document by 12 September 2013, alongside conducting an ecological risk assessment and implementing appropriate mitigation measures by 12 June 2013. This legislative instrument applies nationally, overseen by the Minister for Environment Protection, Heritage and the Arts, in consultation with relevant state ministers and stakeholders.
Key Provisions
The legislation amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by modifying the list of exempt native specimens (section 303DC). Specifically, it removes the conditions previously applied to specimens derived from fish or invertebrates in the South Australian Scallop and Turbo Fisheries, excluding those species listed under Part 13 of the EPBC Act. These specimens are now exempt from trade controls applicable to regulated native specimens, but this exemption is subject to specific conditions: the specimens must be derived from fish or invertebrates taken lawfully, and the exemption applies until 12 September 2014 (section 303DB).
The Act imposes certain obligations on the parties involved. Primarily, Primary Industries and Resources South Australia (PIRSA) is mandated to develop and implement a Management Plan or Policy Document for the South Australian Scallop and Turbo Fishery by 12 September 2013. This document must detail the ongoing management arrangements, management objectives, and establish trigger reference points, indicators, and management responses (section 303DC). Additionally, PIRSA must conduct an ecological risk assessment (ERA) of the impacts of the fishery and develop and implement appropriate mitigation measures by 12 June 2013.
Failure to comply with the provisions of the Act may result in legal consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, the overarching legal framework of the EPBC Act typically includes both civil and criminal penalties for breaches of its provisions. These penalties can include substantial fines and, in more severe cases, imprisonment. The exact penalties would be determined based on the nature and severity of the breach, as well as the provisions of the EPBC Act and other relevant legislation.