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 on 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 to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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 South Australian (SA) Prawn Trawl Fishery, as defined in the management regime in force under the SA Fisheries Management (Prawn Fisheries) Regulations 2006, Fisheries Management (General) Regulations 2007 and the SA Fisheries Management Act 2007.
The inclusion of the specimens in the list is subject to the following notations:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- the specimens are included on the list until 3 November 2014.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 3 November 2014.
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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organisations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Department of Primary Industries and Resources South Australia as the Department has management responsibility for the fishery concerned. In addition, 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 days. No public comments were received during this period.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2009/36
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the Australian environment and biodiversity, particularly in the context of trade and development. This Act provides a framework for the protection of the environment and biodiversity by regulating activities that may have significant impacts. One of its key mechanisms is the regulation of the trade of native specimens through the establishment of lists of exempt and regulated native specimens. In 2009, an amendment was made to the list of exempt native specimens in accordance with section 303DC of the EPBC Act, as outlined in F2009L04028 (Explanatory statement). This amendment was enacted by the Commonwealth Parliament and aimed to facilitate the continued export of certain fish and invertebrate specimens taken within the South Australian Prawn Trawl Fishery, provided they were taken lawfully and included on the list until 3 November 2014. The decision to amend the list was made in consultation with relevant stakeholders, including the Department of Primary Industries and Resources South Australia, and after a period of public consultation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, specifically targeting specimens from the South Australian Prawn Trawl Fishery, applies to native fish and invertebrate specimens taken lawfully within the parameters of the South Australian Fisheries Management (Prawn Fisheries) Regulations 2006, Fisheries Management (General) Regulations 2007, and the South Australian Fisheries Management Act 2007. This legislative amendment excludes specimens belonging to species listed under Part 13 of the EPBC Act, ensuring that only those specimens not covered by stricter regulations are included on the exempt list. The inclusion of these specimens on the exempt list allows their continued export until 3 November 2014, provided they were lawfully taken and are not part of the restricted species list. The amendment was made following consultation with relevant authorities, including the Department of Primary Industries and Resources South Australia, and was advertised for public comment, although no comments were received during the specified period. This legislative instrument is governed by the Legislative Instruments Act 2003 and will take effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens (F2009L04028) introduces specific provisions regarding the exemption of certain native specimens from trade controls. According to section 303DB, the Act permits the establishment of a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument (sections 303DC) includes fish or invertebrate specimens, except those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Prawn Trawl Fishery. This inclusion is subject to the condition that the specimens or the fish or invertebrates from which they are derived were taken lawfully, and it is valid until 3 November 2014. The decision to include these specimens in the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
Under the Act, there are obligations placed on the relevant parties. The Minister, in this case, the Delegate of the Minister for Environment, Heritage and the Arts, must consult with appropriate ministers, departments, and organisations before amending the list of exempt native specimens. This process includes consultation with the Department of Primary Industries and Resources South Australia, given their management responsibilities over the fishery in question. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting comments from interested parties for a period of 20 days. This consultation ensures that stakeholders have an opportunity to provide input before the amendment is made.
Failure to comply with the provisions of the EPBC Act and its amendments can result in various legal consequences. While the specific offences, penalties, and civil or criminal consequences are not detailed in the explanatory statement, breaches of the Act can generally lead to enforcement actions by the relevant authorities. Penalties can include fines and other sanctions, with the severity depending on the nature and extent of the breach. The Act empowers authorities to take appropriate action to ensure compliance, which may include legal proceedings against individuals or entities found to be in violation of the Act's provisions.