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 in the list of exempt native specimens on 18 August 2010 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 Southern Bluefin Tuna Fishery, as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 (as amended) made under the Fisheries Management Act 1991.
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 covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery.
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 24 July 2013.
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. These 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. 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 36 days. The Department of Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority were also consulted. All comments received were taken into account in the decision to include the fishery in 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/2010/31
Overview
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC, enacted in 2010, addresses the need to manage and regulate the trade of native specimens to ensure ecological sustainability. This legislative instrument amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 by revoking existing conditions for specimens derived from fish or invertebrates in the Southern Bluefin Tuna Fishery, except those belonging to species listed under Part 13 of the Act. The objective of these amendments is to facilitate the continued lawful export of these specimens until 24 July 2013 while ensuring they are subject to specific conditions, such as being taken lawfully and covered by a declaration of an approved Wildlife Trade Operation. The decision to amend the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and involved consultations with relevant stakeholders, including Commonwealth and state ministers, and the Department of Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets specimens derived from fish or invertebrates within the Southern Bluefin Tuna Fishery, excluding those from species listed under Part 13 of the EPBC Act. This legislative amendment applies to entities and individuals involved in the lawful taking and export of these specimens, ensuring compliance with the conditions set forth in the Southern Bluefin Tuna Fishery Management Plan 1995. The amendment also mandates that the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The jurisdictional reach of this Act is national, extending across Australia and applying to all relevant activities within the Southern Bluefin Tuna Fishery. The Act does not specify any exclusions or thresholds but does stipulate that any changes to the list of exempt native specimens must be preceded by consultation with relevant ministers and stakeholders, as outlined in section 303DC(3) of the EPBC Act. The application of the Act can be extended or restricted through subordinate instruments, ensuring flexibility in its implementation and enforcement.
Key Provisions
The primary operative sections of this legislation pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and specifically section 303DB, which establishes the list of exempt native specimens (Section 303DC). This list exempts certain specimens from the trade control provisions that apply to regulated native specimens. The amendment made by this instrument revokes the existing conditions for the inclusion of specimens derived from fish or invertebrates in the list of exempt native specimens, taken in the Southern Bluefin Tuna Fishery, as defined in the Southern Bluefin Tuna Fishery Management Plan 1995. These specimens are now subject to new conditions, ensuring they are taken lawfully and are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery.
The Act imposes several obligations and requirements on the entities it governs. Firstly, it mandates that any specimen derived from fish or invertebrates and intended for export must be taken lawfully, ensuring compliance with relevant fishing regulations. Secondly, these specimens must be part of a declared Wildlife Trade Operation approved under section 303FN of the EPBC Act, thereby ensuring that the trade is monitored and managed in accordance with ecological sustainability guidelines. This process ensures that the specimens are part of a regulated and monitored trade, adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Any breach of the provisions set out in this legislation may result in civil or criminal penalties. The exact nature of these penalties is not specified in the explanatory statement, but generally, breaches of the EPBC Act can result in substantial fines and, in serious cases, imprisonment. The maximum penalties would depend on the specific nature and severity of the breach, as outlined in the main body of the EPBC Act. Given the ecological importance and the regulated nature of the Southern Bluefin Tuna Fishery, violations could lead to severe consequences, reflecting the stringent requirements placed on ensuring sustainable fishing practices.