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 include the following specimens in the list of exempt native specimens:
- 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 Southern Squid Jig Fishery, as defined in the Southern Squid Jig Fishery Management Plan 2005, in force under the Commonwealth Fisheries Management Act 1991,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- the specimens are included on the list until 30 April 2015.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 30 April 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 30 April 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. All comments received were taken into account in the decision to include specimens derived from the fishery on the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Unique Identifying Number: EPBC303DC/SFS/2010/22
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the conservation of biodiversity, and to manage the impact of Commonwealth activities on the environment. This legislation, through its various provisions, aims to strike a balance between environmental protection and economic development, ensuring that biodiversity is preserved for future generations. One of the mechanisms within the EPBC Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. In 2010, an amendment was introduced to this list under Section 303DC of the EPBC Act, specifying that certain specimens derived from fish or invertebrates, taken in the Southern Squid Jig Fishery, would be included in the list of exempt native specimens. This amendment was subject to consultation with relevant Commonwealth and state ministers, as well as other stakeholders, and was made to allow for the continued export of these specimens until 30 April 2015, provided they were taken lawfully. 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 amendment aligns with broader ecological sustainability objectives.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies specifically to specimens derived from fish or invertebrates within the Southern Squid Jig Fishery, as defined in the Southern Squid Jig Fishery Management Plan 2005, and governed under the Commonwealth Fisheries Management Act 1991. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they belong to species not listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list of exempt native specimens is contingent upon their lawful acquisition and remains valid until 30 April 2015. The legislative instrument was formulated following consultation with relevant Commonwealth and state ministers, as well as consideration of feedback solicited from the public via an advertisement on the Department of the Environment, Water, Heritage and the Arts' website. This amendment facilitates continued export of these fishery specimens until the specified date, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). Specifically, this legislation seeks to include certain fish and invertebrate specimens derived from the Southern Squid Jig Fishery into the list of exempt native specimens, subject to certain conditions (Section 303DB). The specimens in question are exempt from the trade control provisions applicable to regulated native specimens, thereby facilitating their continued export until 30 April 2015. However, this exemption is contingent upon the specimens being lawfully taken and derived from fish or invertebrates that do not belong to species listed under Part 13 of the EPBC Act.
This Act imposes obligations on the parties involved in the trade of these specimens. Firstly, the specimens must be taken lawfully, ensuring compliance with relevant fisheries management arrangements. Secondly, the specimens are only exempt from trade control provisions until 30 April 2015, thereby limiting the duration of this exemption. Additionally, the Minister for Environment Protection, Heritage and the Arts must consult with other relevant ministers and stakeholders before making any amendments to the list of exempt native specimens, as mandated by subsection 303DC(3) of the EPBC Act. This consultation process ensures that all interested parties have an opportunity to provide input on the proposed changes.
Failure to comply with the conditions and restrictions imposed by this legislation could result in legal consequences. While the legislation does not explicitly outline specific penalties for breach, it is likely that breaches could lead to civil or criminal penalties under the EPBC Act or other relevant legislation. For instance, unauthorised trade of native specimens could potentially result in fines or imprisonment, depending on the severity and intent of the breach. Furthermore, failure to consult with relevant stakeholders as required by the Act could result in the amendment being deemed invalid or subject to judicial review. It is important for parties involved in the trade of these specimens to adhere to the conditions and restrictions outlined in this legislation to avoid any potential legal repercussions.