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 22 December 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 EPBC Act, taken in Southern and Eastern Scalefish and Shark Fishery, as defined in the management regime for the fishery, made under Fisheries Management Act 1991 and the Fisheries Management Regulations 1992.
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.
- The specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery.
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. 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 33 days. All comments received were taken into account in the decision to include the fishery on the list of exempt native specimens.
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/2010/02
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of Australia’s biodiversity and heritage places. It provides a framework for the management of activities that may have a significant impact on the environment, particularly those that involve threatened species, ecological communities, and heritage places. This Act was introduced to ensure that national and international obligations related to environmental protection and biodiversity conservation are met. The amendment of the List of Exempt Native Specimens, as described in the explanatory statement, aims to streamline the trade of certain native specimens by removing specific conditions previously imposed on them. This amendment was introduced following consultations with relevant stakeholders and considers the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of fisheries management arrangements is maintained. The instrument was enacted by the Minister for the Environment, Heritage and the Arts, in accordance with the legislative processes outlined in the EPBC Act and the Legislative Instruments Act 2003.
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 and invertebrates taken in the Southern and Eastern Scalefish and Shark Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. These specimens are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument applies to the Commonwealth and the states and territories of Australia, affecting industries and individuals involved in the fishery sector. The exemption is conditional upon the specimens being taken lawfully and being covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery. The Minister for the Environment, Heritage and the Arts has the authority to amend the list and is required to consult relevant Commonwealth, state, and territory ministers, as well as other persons and organisations deemed appropriate, before making amendments. The instrument came into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation, specifically Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), pertain to the amendment of the List of Exempt Native Specimens. This section allows for the revocation of conditions previously placed on certain specimens included in the list and the imposition of new conditions. The specimens in question are those that are, or are derived from, fish or invertebrates taken in the Southern and Eastern Scalefish and Shark Fishery, excluding those species listed under Part 13 of the EPBC Act. The amendments establish that these specimens are exempt from trade control provisions applicable to regulated native specimens, provided they were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act.
The obligations and requirements imposed by this legislation on the parties or entities it governs are primarily centred around compliance with the conditions set for the inclusion of specimens in the list of exempt native specimens. This means that the specimens must be derived from fish or invertebrates taken lawfully within the specified fishery and must be covered by a declaration from an approved Wildlife Trade Operation. Additionally, the decision to include these specimens on the list was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management arrangements for the fishery meet the criteria for ecological sustainability. The Minister for the Environment, Heritage and the Arts must also consult with relevant Commonwealth and state ministers, as well as other persons and organisations, before amending the list, and any comments received during the consultation period are taken into account.
Breach of the conditions or failure to comply with the obligations and requirements of this legislation can lead to various offences and penalties. Although specific penalties are not detailed in the explanatory statement, the general provisions of the EPBC Act and related legislation may impose civil or criminal penalties for non-compliance. These can include fines, imprisonment, or both, depending on the nature and severity of the breach. The precise penalties would be determined by the courts based on the specific circumstances of the case and the relevant provisions of the Act.