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 items in the list of exempt native specimens 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
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the South Australian Specimen Shell Fishery, as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 20000 and the Fisheries Management (General) Regulations 2007 in force under the Fisheries Management Act 2007 (South Australia)
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 1 October 2016.
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 1 October 2016. 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 Primary Industries and Regions South Australia as the Primary Industries and Regions South Australia has management responsibilities 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.
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 the need for comprehensive protection of the environment and biodiversity in Australia, including the regulation of the trade of native specimens. This legislation, amended through F2015L01776, aims to refine the list of exempt native specimens by removing and imposing specific conditions on certain fish and invertebrate specimens derived from South Australian fisheries. The enacting body for this amendment is the Minister for the Environment, who, as per subsection 303DC(3) of the EPBC Act, is required to consult relevant stakeholders before making amendments to the list. The policy objective behind this amendment is to ensure the continued export of these specimens while maintaining ecological sustainability, as guided by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as outlined in F2015L01776, pertains to the inclusion of certain fish and invertebrate specimens derived from fisheries in South Australia into the list of exempt native specimens. This list exempts these specimens from the trade control provisions that apply to regulated native specimens under the Act. Specifically, the amendment removes previous conditions attached to these specimens' exemption, such as those related to the South Australian Scallop and Turbo Fisheries and the South Australian Specimen Shell Fishery, while imposing new conditions that these specimens must be taken lawfully and remain exempt until 1 October 2016. This legislative instrument applies to any person or entity involved in the trade of these specimens, within the jurisdictional reach of the Commonwealth and South Australian fisheries management frameworks. The instrument extends its application through subordinate instruments by specifying the fisheries and regulatory acts under which these specimens are managed. There are no exclusions or exemptions stated beyond the lawful taking of the specimens and the specified date until which the exemption is valid. The instrument ensures continued compliance with the Australian Government’s guidelines for ecologically sustainable management of fisheries.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines specific provisions for the management and protection of native species and ecosystems. Section 303DB establishes a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. Section 303DC, referenced in this legislative instrument, empowers the Minister for the Environment to amend the list of exempt native specimens. The main operative sections in this context include sections 303DB and 303DC, which govern the exemption criteria and the amendment process, respectively.
The obligations and requirements imposed by this legislation on the parties involved are primarily focused on ensuring that the specimens included in the list of exempt native specimens are derived from lawful sources and are subject to specific conditions. According to the amendment, the specimens must be derived from fish or invertebrates taken in the South Australian Scallop and Turbo Fisheries or the South Australian Specimen Shell Fishery, as defined in the relevant fisheries management regulations. The specimens must not belong to species listed under Part 13 of the EPBC Act. Furthermore, the specimens are included in the list until 1 October 2016, subject to the condition that they were taken lawfully. These requirements ensure that the management of fisheries aligns with the ecological sustainability guidelines set forth by the Australian Government.
In terms of offences, penalties, or civil and criminal consequences for breach, the legislation does not explicitly state any specific penalties for non-compliance with the conditions imposed on the specimens listed as exempt. However, general provisions of the EPBC Act may apply, which could include fines and imprisonment for violations related to the trade of native specimens. The maximum penalties for such offences can vary depending on the specific circumstances and the severity of the breach, but they may include substantial fines and imprisonment terms as outlined in the relevant sections of the EPBC Act. It is important for parties involved in the trade of these specimens to ensure compliance with all applicable conditions to avoid potential legal consequences.