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 30 November 2004 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 Act, taken in the Tasmanian Freshwater Eel Fishery, as defined in the management regime, made under the Tasmanian Inland Fisheries Act 1995.
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 17 April 2019.
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 17 April 2019. 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 Tasmanian Inland Fisheries Service as the Tasmanian Inland Fisheries Service has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website and comment was invited from interested people for a period of 22 business days. No comments were received.
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 to address the need for comprehensive protection of the environment and biodiversity in Australia, particularly in relation to activities that may have significant ecological impacts. This Act provides for the establishment of a list of exempt native specimens that are exempt from the trade control provisions applicable to regulated native specimens. In line with this, the Act includes provisions for the amendment of this list through legislative instruments, as demonstrated by the instrument F2014L00461. The instrument revokes the conditions attached to the exemption of certain fish and invertebrate specimens taken in the Tasmanian Freshwater Eel Fishery, while imposing new conditions to allow continued export of these specimens until 17 April 2019. This legislative change was made in accordance with the guidelines for ecologically sustainable management of fisheries and after appropriate consultation with relevant authorities. The instrument aims to ensure the ecological sustainability of the fishery management while facilitating the export of specimens in compliance with the EPBC Act.
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 to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Tasmanian Freshwater Eel Fishery as defined under the Tasmanian Inland Fisheries Act 1995. The amendment removes the conditions previously imposed on these specimens, allowing them to be included in the list of exempt native specimens without specific conditions, and extends their inclusion in the list until 17 April 2019, subject to the condition that they were taken lawfully. This legislation operates within the Commonwealth jurisdiction and applies specifically to entities and individuals involved in the export of these specimens, including those in the fishing industry. The Act does not engage any of the applicable rights or freedoms and is compatible with human rights and freedoms as declared in international instruments. The amendment was made after appropriate consultation and public comment, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The key operative sections of this legislation are section 303DB and section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC allows for amendments to this list, including the addition or removal of conditions attached to the inclusion of specific specimens. This legislative instrument revokes the conditions previously attached to specimens from the Tasmanian Freshwater Eel Fishery, which were taken in accordance with the Tasmanian Inland Fisheries Act 1995. It imposes new conditions, namely that the specimens must have been taken lawfully and are included in the list until 17 April 2019.
The Act imposes certain obligations and requirements on parties involved in the trade of these specimens. Primarily, it mandates that any specimen included in the list of exempt native specimens must have been taken lawfully. This ensures compliance with local fishing regulations and maintains the ecological sustainability of the fishery. Additionally, by specifying the date until which these specimens are exempt, the Act sets a clear timeframe for the continued export of these items.
The legislation also outlines potential consequences for non-compliance. While specific offences and penalties are not detailed in this instrument, breaches of the EPBC Act generally can lead to civil or criminal penalties, including substantial fines and imprisonment. These penalties reflect the seriousness of non-compliance with environmental protection laws and serve as a deterrent against unlawful activities.
Given that the instrument does not engage any of the rights or freedoms outlined in relevant human rights legislation, it is compatible with the human rights and freedoms recognised in international instruments. This compatibility ensures that the legislative changes align with broader human rights standards while achieving their environmental objectives.