EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the list of Exempt Native Specimens
in accordance with paragraph 303DC(1)(a)
(Issued under Authority of the Minister for the Environment, Heritage and the Arts)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the List of Exempt Native Specimens (LENS) is a list of native species that are exempt from export regulations. The list includes only specimens that are, or are derived from, Australian native animals and plants.
The list was established in accordance with section 303DB of the EPBC Act. The LENS does not include specimens that are eligible listed threatened species as defined in section 303BC or specimens listed on an Appendix to CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora), unless specifically listed at a genus or species level, or noted in the Notation column.
The effect of this instrument is to amend the LENS by including on the LENS;
- those specimens that are or are derived from fish, aquatic invertebrates or aquatic plants that are produced lawfully in an aquaculture facility that has been licensed by the relevant State or Territory government agency, other than specimens that are or belong to species listed on CITES or under Part 13 of the EPBC Act 1999; and
- the operation does not involve the introduction of wild caught or collected specimens, including parental stock, and is limited to specimens bred within the operation; and
- the operation is conducted in a manner such that specimens of the species in production cannot enter from the wild or escape into the wild from the operation.
The intent of this amendment is to facilitate the export process for aquaculture operations that meet the specified criteria for closed system aquaculture operations. Current LENS listings are at the species level and many limit the exemption to operations licensed in a particular State or Territory. This means the LENS needs to be revised every time someone is approved to export a new species or a listed species from a state or territory not previously included on the list. The current amendment incorporates many of these situations negating the requirement to regularly revise the LENS.
Under section 303DC the Minister may amend the LENS. Amendments to the LENS can be made on either the initiative of the Minister or by application. In this case the amendment was initiated by the Department of the Environment, Water, Heritage and the Arts as a delegate of the Minister as a result of a request from members of the aquaculture industry.
In accordance with subsection 303DC(3) other appropriate State, Territory and Australian Government ministers were consulted as the Minister considered appropriate. In this case the Department of the Environment, Water, Heritage and the Arts consulted with all relevant State and Territory ministers for the environment, conservation and fisheries. In response, seven replies providing comment were received, all supported the intent of the proposed amendment, although two respondents suggested changes to the amendment notation. Two of the three suggested changes were noted but no action taken (inconsistent with intent of the amendment), the third was incorporated into the amendment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and comes into effect on the day after it is registered on the Federal Register of Legislative Instruments.
Unique identifying number
EPBC/s.303DC/WTA/2008/001
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. To streamline export regulations for native specimens, the Act includes a List of Exempt Native Specimens (LENS), exempting certain native animals and plants from export controls. This legislative instrument amends the LENS to include specimens derived from fish, aquatic invertebrates, and aquatic plants produced lawfully in licensed aquaculture facilities, provided these operations are closed systems that prevent wild specimens from entering or escaping. This change aims to facilitate exports from aquaculture operations meeting these criteria, thereby reducing the need for frequent updates to the LENS. The amendment was initiated by the Department of the Environment, Water, Heritage and the Arts on behalf of the Minister for the Environment, Heritage and the Arts, following requests from the aquaculture industry, and was supported by relevant state and territory ministers after consultation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities, including individuals, businesses, and government agencies, to ensure the protection and conservation of the environment and biodiversity. The Act encompasses the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance, such as endangered species and heritage places. The Act's jurisdictional reach extends across Australia, making it a national legislative instrument. The Act applies to conduct and transactions that potentially impact the environment and biodiversity, ensuring that any developments or activities are assessed for their environmental implications. The List of Exempt Native Specimens (LENS) under the EPBC Act specifies native species exempt from export regulations, excluding those that are threatened or listed under CITES. This particular amendment to the LENS extends the exemption to include specimens produced lawfully in licensed aquaculture facilities, provided they are bred within the operation and do not involve wild-caught specimens or allow escape into the wild. This amendment facilitates the export process for aquaculture operations meeting these criteria, streamlining the regulatory process by reducing the need for frequent updates to the LENS. The amendment was initiated by the Department of the Environment, Water, Heritage and the Arts following industry requests, and appropriate State and Territory ministers were consulted, with the majority supporting the amendment.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has undergone an amendment regarding the List of Exempt Native Specimens (LENS) as outlined in section 303DC(1)(a). This amendment specifically pertains to the exemption of certain specimens from export regulations, focusing on those derived from Australian native animals and plants. This includes fish, aquatic invertebrates, or aquatic plants produced lawfully in a licensed aquaculture facility by the relevant State or Territory government agency, provided that the operation does not involve the introduction of wild-caught or collected specimens and is limited to specimens bred within the operation (section 303DC(1)(a)). The amendment ensures that these operations are conducted in a closed system, preventing the entry of wild specimens or the escape of farmed specimens into the wild.
Entities engaged in aquaculture operations that meet the specified criteria are now able to export their products more easily. This amendment aims to streamline the export process by removing the need for frequent revisions to the LENS. The new criteria are broad enough to cover many situations without necessitating continuous updates to the list. The amendment was initiated by the Department of the Environment, Water, Heritage and the Arts, acting on behalf of the Minister for the Environment, Heritage and the Arts, in response to requests from the aquaculture industry. It involved consultations with relevant State and Territory ministers, all of whom supported the intent of the amendment, with minor suggestions for changes incorporated into the final version.
The obligations imposed by this amendment require that any aquaculture facility intending to export must be licensed by the appropriate State or Territory government agency. Additionally, the operation must adhere strictly to the closed system requirements, ensuring no wild specimens are introduced or escape into the wild. The amendment also necessitates that the operations comply with all other relevant provisions of the EPBC Act and any other applicable laws.
Failure to comply with the requirements of this amendment could result in civil or criminal penalties under the EPBC Act. The maximum penalties for breaches can be substantial, including fines and imprisonment, depending on the severity and intent behind the breach. It is crucial for entities involved in aquaculture to ensure they fully understand and adhere to the provisions of this amendment to avoid any legal repercussions.