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 on the list of exempt native specimens on 8 July 2009 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 Specimen Shell Fishery, as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 2000 and the Fisheries Management (General) Regulations 2007 in force under the Fisheries Management Act 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 on the list until 20 May 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 20 May 2015.
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 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. 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 20 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/2010/27
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly biodiversity, and to manage activities that may have significant environmental impacts. One of the mechanisms within the Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. The EPBC Act Amendment of the List of Exempt Native Specimens in accordance with Section 303DC, introduced by the Australian Government, seeks to modify the conditions under which certain specimens are listed as exempt. Specifically, this legislative instrument revokes the existing conditions for specimens derived from fish or invertebrates taken in the South Australian Specimen Shell Fishery and imposes new conditions, ensuring the specimens are taken lawfully and are included on the list until 20 May 2015. The policy objective is to facilitate the continued export of these specimens while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment process involved consultation with relevant ministers and an invitation for public comment, which resulted in no feedback.
Scope and Application
The F2010L01324 instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by altering the list of exempt native specimens, providing specific exemptions for certain fish and invertebrate specimens taken within the South Australian Specimen Shell Fishery. This amendment applies to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in accordance with the Fisheries Management (Miscellaneous Fishery) Regulations 2000 and the Fisheries Management (General) Regulations 2007 under the Fisheries Management Act 2007. The changes, effective as of 8 July 2009, remove previous conditions attached to the exemption and impose new conditions, requiring that the specimens must be taken lawfully and that the exemption remains in effect until 20 May 2015. The amendment aims to facilitate the continued export of these specimens until the specified date. The Minister for Environment Protection, Heritage and the Arts undertook consultations with relevant Commonwealth and state ministers and other stakeholders before implementing the changes, as required by the EPBC Act. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, came into effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB sets up the list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. Section 303DC allows the Minister to amend this list, including imposing conditions on the inclusion of specimens. This particular legislative instrument revokes conditions on specimens derived from fish or invertebrates in the South Australian Specimen Shell Fishery, taken lawfully, and extends their exemption until 20 May 2015.
The obligations and requirements imposed by this legislation are primarily concerned with ensuring the lawful taking of specimens and the specific timeframe for their exemption. Parties or entities involved in the trade of these specimens must ensure that the specimens are derived from lawful fishing activities within the specified fishery. Additionally, the exemption applies until 20 May 2015, meaning that any trade of these specimens must comply with this timeframe. The Minister's consultation with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, underscores the collaborative approach taken in managing these exemptions.
Breaching the provisions of this legislation can lead to various consequences. Although the specific penalties are not detailed within this legislative instrument, the EPBC Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to the maximum prescribed by the Act, which may vary depending on the nature and severity of the breach. Criminal penalties may also be applicable, potentially involving fines and imprisonment, depending on the specific circumstances and the discretion of the court. Compliance with the conditions set out in this legislative instrument is crucial to avoid these potential consequences.