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 1 December 2005 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 Act, taken in the South Australian Sea Urchin Fishery.
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.
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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the Department of Primary Industries South Australia as the Department of Primary Industries South Australia has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities website and comment was invited from interested people for a period of 21 business days. No comments were received.
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/2011/32
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. One of the Act's key provisions is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The EPBC Act Amendment of the List of Exempt Native Specimens in accordance with Section 303DC aims to revise the conditions governing the exemption of certain specimens from the trade control provisions. Specifically, this legislative instrument revokes the existing conditions for the exemption of specimens taken in the South Australian Sea Urchin Fishery, subjecting them instead to new conditions that the specimens must be taken lawfully and remain exempt until 1 October 2016. This change allows for continued export of these specimens within the specified timeframe while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment process involved consultation with relevant stakeholders, including the Department of Primary Industries South Australia, and a public comment period on the Department of Sustainability, Environment, Water, Population and Communities website, although no comments were received.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to the regulation of the trade of native specimens, specifically fish and invertebrate specimens taken in the South Australian Sea Urchin Fishery. This amendment aims to exempt these specimens from the trade control provisions that usually apply to regulated native specimens, provided they are not listed under Part 13 of the Act. The exemption is conditional upon the specimens being taken lawfully and remains in effect until 1 October 2016. This legislative instrument applies to persons and entities involved in the trade of these specimens within Australia, subject to the geographic constraints of the South Australian Sea Urchin Fishery. The instrument extends its application through the consultation process mandated by subsection 303DC(3) of the EPBC Act, which requires consultation with relevant ministers and stakeholders before the Minister for Sustainability, Environment, Water, Population and Communities can amend the list of exempt native specimens. The instrument became effective on the day after its registration on the Federal Register of Legislative Instruments, marking its official commencement.
Key Provisions
The main operative sections of this legislative instrument pertain to the modification of the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC of the EPBC Act is invoked to revise the conditions associated with specimens from the South Australian Sea Urchin Fishery. The instrument revokes the existing conditions that were imposed on 1 December 2005, and replaces them with new conditions that require the specimens to be taken lawfully and remain exempt until 1 October 2016. These changes facilitate the continued export of these specimens until the specified date.
The obligations imposed by this legislation on the parties involved primarily revolve around the lawful taking and trade of specimens from the South Australian Sea Urchin Fishery. The specimens in question must be derived from fish or invertebrates that are not listed under Part 13 of the Act. They must also be taken in accordance with the applicable laws, ensuring that the fishery's management arrangements are ecologically sustainable. This sustainability criterion is aligned with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. The Minister for Sustainability, Environment, Water, Population and Communities is required to consult relevant ministers and stakeholders before amending the list of exempt native specimens, although in this case, no comments were received from the public.
Under the EPBC Act, there are potential civil and criminal consequences for breaches of the provisions concerning the trade of native specimens. Specifically, Section 486 of the Act outlines that any person who contravenes a trade control provision can be subject to a civil penalty. The maximum penalty for a corporation is $5.5 million, while for an individual, it is $110,000. Additionally, under Section 504, criminal penalties may apply, including fines and imprisonment. The exact penalties depend on the nature and severity of the offence, but they can include substantial fines and up to five years in prison for individuals, and fines up to $275,000 for corporations. These penalties underscore the seriousness with which the Act treats violations of its provisions.