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 include the following specimens in the list of exempt native specimens:
- 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 Tasmanian Giant Crab Fishery, as defined in the Tasmanian Fisheries (Giant Crab) Rules 2006 in force under the Tasmanian Living Marine Resources Management Act 1995.
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- The specimen was taken lawfully; and
- The specimens are included on the list until 22 July 2014.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 22 July 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 – 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 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 Tasmanian Minister for Primary Industry and Water and the Tasmanian Department of Primary Industry and Water as the Minister and 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 22 days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2009/27
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive approach to environmental protection and biodiversity conservation in Australia. This legislation provides a framework for the regulation of activities that may have significant impacts on the environment, including the trade of native specimens. The Act establishes a list of exempt native specimens to streamline the management of certain species, thereby reducing unnecessary regulatory burdens. The inclusion of specimens in this list allows for continued trade while ensuring compliance with ecological sustainability guidelines. The specific legislative instrument referenced, F2009L02912, amends the list of exempt native specimens to include certain specimens from the Tasmanian Giant Crab Fishery, subject to lawful capture and specific timeframes. This amendment was made after appropriate consultations with relevant Tasmanian authorities and public notice was given, with no public comments received. The policy objective aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of these fisheries remains ecologically sustainable.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to specimens of fish or invertebrates derived from the Tasmanian Giant Crab Fishery, provided they are not species listed under Part 13 of the EPBC Act. These specimens are exempt from the trade control provisions applicable to regulated native specimens, with the exemption conditional on the specimens being taken lawfully and remaining on the exempt list until 22 July 2014. The inclusion of these specimens is in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument, governed under the Legislative Instruments Act 2003, applies at a Commonwealth level and extends its reach by virtue of the EPBC Act, which is a national framework for the protection of the environment and biodiversity. The Minister for the Environment, Heritage and the Arts, in consultation with relevant Tasmanian authorities, made this amendment, and the decision was also subject to public consultation via the Department of the Environment, Water, Heritage and the Arts’ website, although no comments were received.
Key Provisions
The main operative sections of this legislation (F2009L02912) pertain to Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which provides for the establishment of a list of exempt native specimens. The instrument, specifically Section 303DC, is designed to include certain specimens in this list. According to the legislation, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Tasmanian Giant Crab Fishery as defined in the Tasmanian Fisheries (Giant Crab) Rules 2006, will be included in the list of exempt native specimens. This inclusion is subject to the conditions that the specimens were taken lawfully and are included on the list until 22 July 2014.
The obligations imposed by this legislation on the parties or entities it governs are primarily concerned with the lawful taking of specimens and their inclusion on the list until the specified date. The specimens must be derived from fish or invertebrates taken in the Tasmanian Giant Crab Fishery and must not belong to species listed under Part 13 of the EPBC Act. Additionally, the inclusion of these specimens in the list is contingent upon their being taken lawfully, meaning that they must be harvested in compliance with all relevant fishing regulations and laws. The specimens are listed as exempt until 22 July 2014, after which they will no longer benefit from this exemption unless further action is taken.
The legislation also outlines potential consequences for breaches of its provisions. While specific offences, penalties, or consequences for breach are not detailed in the text, the EPBC Act generally provides for both civil and criminal penalties for non-compliance with its provisions. Civil penalties can include fines, while criminal penalties can include imprisonment, reflecting the seriousness with which the Act treats breaches of its trade control provisions. However, for this specific legislative instrument, the text does not provide explicit details on the penalties or consequences for non-compliance. Given the general provisions of the EPBC Act, it is reasonable to infer that any breaches of the conditions for inclusion in the list of exempt native specimens could lead to enforcement actions under the Act, including potential fines or imprisonment.