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 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 2013 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, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 22 July 2014.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 22 July 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 fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the Tasmanian Department of Primary Industries, Parks, Water and Environment as the Tasmanian Department of Primary Industries, Parks, Water and Environment has management responsibilities for the fishery concerned.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens was enacted to address the need for a clear regulatory framework governing the trade of native specimens, particularly those derived from fisheries. This legislation, introduced by the Australian Government, aims to align the management of native specimens with the principles of ecologically sustainable development, as outlined in the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' The inclusion of specific specimens from the Tasmanian Giant Crab Fishery into the list of exempt native specimens allows for continued lawful export until a specified date, subject to certain conditions, thereby facilitating compliance with both state and federal environmental regulations. This legislative instrument ensures that the management of native specimens adheres to the highest standards of ecological sustainability while allowing for the legitimate trade of such specimens.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains specifically to specimens of fish or invertebrates derived from the Tasmanian Giant Crab Fishery, as defined under the Tasmanian Fisheries (giant crab) rules 2013. This legislative instrument applies to those specimens that are not listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list of exempt native specimens exempts them from the trade control provisions that apply to regulated native specimens. However, the exemption is subject to the conditions that the specimens were taken lawfully and that they remain exempt until 22 July 2014. The decision to amend the list was influenced by the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. The instrument applies nationally but is specifically relevant to entities and individuals involved in the Tasmanian Giant Crab Fishery. The Minister for Sustainability, Environment, Water, Population and Communities, in consultation with relevant stakeholders, enacted this amendment under the legislative authority granted by the EPBC Act.
Key Provisions
The main operative sections of this legislative instrument (F2013L00293) pertain to Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment to the List of Exempt Native Specimens aims to include certain specimens derived from fish or invertebrates 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. Specifically, these specimens are exempt from the trade control provisions that apply to regulated native specimens (Section 303DB). However, the inclusion in the list is contingent upon the specimens being lawfully taken and is valid only until 22 July 2014.
The obligations and requirements imposed by this Act on the parties involved are relatively straightforward. The specimens must be derived from fish or invertebrates taken in the Tasmanian Giant Crab Fishery and should not belong to species listed under Part 13 of the EPBC Act. The specimens must also be taken lawfully and are only exempt until 22 July 2014. This condition is clearly stated to ensure that the ecological sustainability of the fishery is maintained and that the management arrangements comply with the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' The consultation process, as outlined in Subsection 303DC(3) of the EPBC Act, requires the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant state and territory ministers, as well as other appropriate persons and organisations. In this case, consultation with the Tasmanian Department of Primary Industries, Parks, Water and Environment was deemed necessary due to their management responsibilities for the fishery.
In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly state any specific penalties for non-compliance with the provisions outlined in this legislative instrument. However, any failure to adhere to the conditions set forth—such as taking specimens unlawfully or exporting them beyond the specified date—could potentially lead to legal action under the broader framework of the EPBC Act. This might include actions for violating environmental protection laws, which could result in fines or other legal repercussions as determined by the courts. The precise penalties would depend on the specific circumstances of the breach and the applicable provisions of the EPBC Act.