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 revoke the conditions to which the inclusion of the following item on 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 on the list until 1 May 2014.
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 1 May 2014.
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. 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 the Environment, 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. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Inland Fisheries Service Tasmania part of the Department of Primary Industries, Parks, Water and Environment as the Department have management responsibilities 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 23 days. No comments were received
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
For the purposes of section 12(1) of the Legislative Instruments Act 2003, the specified day for the purposes of the commencement of this instrument is 2 November 2009.
Unique Identifying Number: EPBC303DC/SFS/2009/33
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, biodiversity, and heritage in Australia. This legislation was introduced by the Australian Parliament to provide a unified approach to environmental protection and conservation. The Act aims to safeguard Australia's unique biodiversity, heritage, and environment by regulating activities that may have significant impacts. This includes the regulation of trade in native specimens to ensure it does not harm the environment or biodiversity. The amendment to the list of exempt native specimens, as specified in F2009L04072, serves to refine the regulatory framework by adjusting the conditions under which certain fish and invertebrate specimens from the Tasmanian Freshwater Eel Fishery can be traded. This amendment was made to facilitate continued lawful export of these specimens until 1 May 2014, while ensuring the ecological sustainability of the fishery as per the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens applies specifically to specimens that are or are derived from fish or invertebrates, except for those that belong 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 Act exempts these specified specimens from the trade control provisions that apply to regulated native specimens. This legislative instrument revokes the conditions under which these specimens were previously included in the list of exempt native specimens and imposes new conditions that the specimens must be taken lawfully and that they remain on the list until 1 May 2014. The amendment follows the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the relevant fisheries management arrangements has been considered. The geographic reach of this Act is national, as it pertains to the management and regulation of native specimens across Australia, with particular relevance to the Tasmanian Freshwater Eel Fishery. The Act extends its application through subordinate instruments, which are created in accordance with the provisions of the EPBC Act and other relevant legislation.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens (F2009L04072) primarily modifies the conditions under which certain specimens are exempt from trade controls (Section 303DB). Specifically, it revokes the conditions applied to specimens derived from fish or invertebrates taken in the Tasmanian Freshwater Eel Fishery, excluding those belonging to species listed under Part 13 of the Act. The amendment imposes new conditions: the specimens must be lawfully taken, and they remain exempt until 1 May 2014. This legislative change aims to ensure continued export of these specimens until the specified date.
The Act imposes several obligations on the parties involved. Firstly, it mandates that any specimens derived from fish or invertebrates taken in the Tasmanian Freshwater Eel Fishery must be taken lawfully. This requirement ensures that the specimens meet legal standards and are sourced in compliance with existing laws. Additionally, the Act imposes a temporal condition, specifying that the exemption from trade controls applies only until 1 May 2014. This time limit ensures that the exemption is temporary and subject to review and potential amendment by the relevant authorities.
Failure to comply with the provisions of this Act could result in significant consequences. While the Act itself does not explicitly state the penalties for non-compliance, violations of the Environment Protection and Biodiversity Conservation Act 1999 generally attract substantial penalties. For instance, unauthorised trade of native specimens could lead to civil penalties, including fines of up to $66,000 for individuals and $330,000 for corporations, as well as criminal penalties, which may involve imprisonment. These penalties underscore the importance of adhering to the conditions set out in the Act to avoid legal repercussions.