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 30 November 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 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 (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 on the list until 20 May 2010.
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 2010.
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. 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 the Environment, 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, Heritage and the Arts consulted with the South Australia Department of Primary Industries and Resources as the Department has management responsibility for the fishery 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/2009/23
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework that integrates environmental protection with biodiversity conservation, thereby ensuring the sustainable use of natural resources. The Act was passed by the Australian Parliament and its policy objective is to manage and protect Australia's biodiversity and environment through a collaborative and integrated approach. This particular legislative instrument amends the list of exempt native specimens to facilitate continued export of certain fishery specimens while adhering to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. By revoking previous conditions and imposing new ones, the instrument ensures that the specimens remain exempt from trade control provisions until 20 May 2010, provided they are taken lawfully.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the South Australian Specimen Shell Fishery. This Act applies to these specific specimens and is subject to certain conditions which include the requirement that the specimens or the fish or invertebrates from which they are derived were taken lawfully, and that they remain on the list of exempt native specimens until 20 May 2010. The Act's jurisdiction extends to the Commonwealth level, and its application is specific to the native specimens taken in the aforementioned fishery in South Australia. The Minister for the Environment, Heritage and the Arts must consult with relevant ministers and authorities before amending the list, and in this case, consultation was conducted with the South Australia Department of Primary Industries and Resources. The Act does not explicitly mention any exclusions or thresholds, but its application is restricted to the native specimens taken within the specified fishery, and it is subject to the guidelines for the ecologically sustainable management of fisheries.
Key Provisions
The primary sections of interest in this legislative instrument are Sections 303DC and 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB pertains to the establishment of a list of exempt native specimens, while Section 303DC provides the authority for amendments to this list. The current amendment focuses on specimens from the South Australian Specimen Shell Fishery, which are being removed from their previous conditional exemption and instead placed under new, broader conditions. Specifically, Section 303DC(3) necessitates consultation with relevant state and territory ministers before such amendments are made, and in this case, consultation occurred with the South Australian Department of Primary Industries and Resources.
Entities and parties governed by the EPBC Act must adhere to the conditions set forth for the specimens in question. The specimens from the South Australian Specimen Shell Fishery must be taken lawfully, and they remain exempt from trade controls only until 20 May 2010. This requirement ensures that the ecological sustainability of the fishery is maintained, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
The Act imposes strict obligations on those involved in the trade or management of these specimens. They must ensure compliance with the new conditions, which include lawful acquisition and adherence to the specified timeframe. Failure to comply with these conditions could result in legal consequences. The Act does not explicitly state penalties for non-compliance, but breaches of the EPBC Act generally attract substantial civil and criminal penalties. These can include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened. The precise penalties would be determined in the context of the broader Act and any related legislation.