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 (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 29 October 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 the Spencer Gulf Prawn Fishery, the Gulf St Vincent Prawn Fishery and the West Coast Prawn Fishery, as defined in the Fisheries Management (Prawn Fisheries) Regulations 2006 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 in the list until 29 October 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 29 October 2015. The only effect of this amendment is to extend this date.
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’. Those guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment 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 the Environment consulted with the Department of Primary Industries and Regions South Australia as the Department of Primary Industries and Regions South Australia has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment and biodiversity through the regulation of activities that may impact them. This legislation was introduced to address the need for a comprehensive framework that could effectively manage and protect Australia's natural resources, ecosystems, and biodiversity. The Act establishes a list of exempt native specimens, allowing certain specimens to be exempt from the trade control provisions that apply to regulated native specimens. The 2014 amendment, F2014L01445, specifically deals with the revision of the list of exempt native specimens by revoking and imposing new conditions for specimens derived from fish or invertebrates taken in certain prawn fisheries in South Australia. This amendment aims to ensure the continued export of these specimens until a specified date while aligning with the Australian Government’s guidelines for the ecologically sustainable management of fisheries.
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 the management of native specimens exempt from trade control provisions under the EPBC Act. Specifically, it addresses specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken from the specified prawn fisheries in South Australia. This Act applies to persons and entities involved in the lawful taking and export of these specimens, ensuring compliance with the outlined conditions until 29 October 2015. The legislation revokes previous conditions and imposes new conditions under which the specimens remain exempt, allowing continued export until the specified date. The amendment ensures that the management of these fisheries aligns with the Australian Government's guidelines for ecologically sustainable management. The instrument is subject to consultation with relevant ministers and authorities, ensuring that the ecological sustainability criteria are met.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The legislation in question, F2014L01445, amends this list by revoking certain conditions previously imposed on specimens derived from fish or invertebrates taken in specific prawn fisheries within South Australia, as defined in the Fisheries Management (Prawn Fisheries) Regulations 2006 and the Fisheries Management (General) Regulations 2007 under the Fisheries Management Act 2007. These fisheries include the Spencer Gulf Prawn Fishery, the Gulf St Vincent Prawn Fishery, and the West Coast Prawn Fishery. The amendment also imposes new conditions: the specimens must be taken lawfully and are included in the list of exempt native specimens until 29 October 2015. This change is intended to allow continued export of these specimens until the specified date.
The obligations imposed by this legislation require that any specimens exported under this exemption must meet the criteria of being taken lawfully and must not belong to species listed under Part 13 of the EPBC Act. The specimens are included in the list until 29 October 2015, ensuring that any export activities can continue up to that date without breaching the trade control provisions of the Act. Compliance with these conditions is necessary to maintain the exemption from the stringent trade controls that apply to regulated native specimens.
In the event of a breach of the conditions imposed by this legislation, there are potential civil and criminal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of provisions under the EPBC Act can typically result in substantial fines and, in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, as well as any relevant state or territory laws. The Act's provisions are designed to ensure that the ecological sustainability of the fisheries is maintained, and any unlawful taking or export of specimens would undermine this objective.