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 27 February 2013 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 Tasmanian Giant Crab Fishery, as defined in the Tasmanian Fisheries (giant crab) rules 2013 in force under the Tasmanian Living Marine Resources Management 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 18 July 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 18 July 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 Department of Primary Industries, Parks, Water and Environment as the Department of Primary Industries, Parks, Water and Environment 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 21 business days.
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 provide for the protection of the environment, particularly with regard to matters of national environmental significance. This includes the conservation of biodiversity and the regulation of activities that may harm the environment. The Act was introduced to address the need for a comprehensive framework that protects Australia's environment, including its native species and ecosystems, from potentially harmful activities. The policy objective of the Act is to ensure the ecologically sustainable development and use of natural resources. The Act empowers the Minister for the Environment to amend the list of exempt native specimens, subject to consultation with relevant stakeholders and the publication of proposals for public comment. This ensures that changes to the list are made with consideration of ecological sustainability and stakeholder input.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment concerning the List of Exempt Native Specimens pertains to specimens of fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, that are taken in the Tasmanian Giant Crab Fishery, as defined in the Tasmanian Fisheries (giant crab) rules 2013 under the Tasmanian Living Marine Resources Management Act 1995. These specimens are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument revokes the conditions that were previously attached to the inclusion of these specimens in the list of exempt native specimens as of 27 February 2013, and imposes new conditions: that the specimens were taken lawfully and that they remain on the list until 18 July 2019. This change is intended to facilitate the continued export of these specimens until the specified date. The amendment reflects the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition' and follows consultations with relevant stakeholders, including the Department of Primary Industries, Parks, Water and Environment, and public advertisement for comment.
Key Provisions
The primary sections of this legislative instrument (sections 303DC(3) and 303DB) pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it revokes previous conditions for specimens derived from fish or invertebrates in the Tasmanian Giant Crab Fishery and imposes new conditions that require the specimens to be lawfully taken and included in the list until 18 July 2019. This change ensures continued export of these specimens until the specified date. The instrument is made under the authority provided by section 303DB and 303DC(3) of the EPBC Act, which allow the Minister for the Environment to amend the list of exempt native specimens, subject to consultation with relevant authorities and public notice.
The obligations and requirements imposed by this legislative instrument are primarily directed towards entities involved in the export of specimens derived from fish or invertebrates in the Tasmanian Giant Crab Fishery. The new conditions mandate that the specimens must be lawfully taken, ensuring compliance with both federal and state regulations. Additionally, the Minister for the Environment is obligated to consult with the Department of Primary Industries, Parks, Water and Environment, which has management responsibilities for the fishery. The proposal to amend the list was also advertised on the Department of the Environment’s website, inviting comments from interested parties for 21 business days, thereby ensuring transparency and public participation in the decision-making process.
Any breaches of the conditions set out in this instrument could result in legal consequences. Although specific offences and penalties are not detailed in the instrument, it is implied that non-compliance with the conditions for lawful taking of specimens or failure to adhere to the imposed timeline (until 18 July 2019) could lead to legal actions under the EPBC Act. Such actions might include fines, penalties, or other enforcement measures as prescribed by the Act. The maximum penalties for breaches under the EPBC Act can be significant, often reflecting the seriousness of the environmental impact of non-compliance. It is essential for parties involved to ensure strict adherence to the conditions to avoid potential legal repercussions.