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 Gould’s Squid Fishery as defined in the Tasmanian Fisheries (Scalefish) Rules 2004 in force under 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 19 June 2019.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until 19 June 2019.
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 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. 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. 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 was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and environment. The Act was passed by the Parliament of Australia with the intention of ensuring that environmental considerations are integrated into decision-making processes that may impact the environment. The explanatory statement for the 2014 amendment highlights the policy objective of facilitating sustainable management and trade of native specimens within the bounds of ecological sustainability, as guided by the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries.' The amendment specifically aims to include certain fish and invertebrate specimens from the Tasmanian Gould’s Squid Fishery in the list of exempt native specimens, thereby allowing their export until 19 June 2019, subject to certain conditions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens under Section 303DC pertains to specimens taken in the Tasmanian Gould’s Squid Fishery, specifically those derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act. These specimens are granted exemption from the trade control provisions that typically apply to regulated native specimens. This exemption is subject to certain conditions, including the lawful taking of the specimens and is valid until 19 June 2019. The amendment allows for the export of these specimens until the specified date. In making this amendment, the Minister for the Environment consulted with relevant Tasmanian authorities and invited public comment, though no comments were received. This legislative instrument is compatible with human rights and freedoms, as per the Human Rights (Parliamentary Scrutiny) Act 2011, and it commenced the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation, as referenced in Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the inclusion of certain specimens in the list of exempt native specimens. Specifically, specimens derived from fish or invertebrates, taken in the Tasmanian Gould’s Squid Fishery and not belonging to species listed under Part 13 of the EPBC Act, will be exempt from trade control provisions. This exemption is conditional on the specimens being taken lawfully and will remain in effect until 19 June 2019. This amendment is intended to facilitate the export of these specimens within the specified timeframe.
The Act imposes certain obligations on the parties involved. Firstly, the Minister for the Environment must consult with appropriate Commonwealth and state/territory ministers, as well as other relevant persons and organisations, before amending the list of exempt native specimens. In this case, consultation was conducted with the Tasmanian Department of Primary Industries, Parks, Water and Environment, which has management responsibilities for the relevant fishery. Additionally, the proposal was advertised on the Department of the Environment’s website, inviting public comment for 21 business days. However, no comments were received during this period.
Regarding the potential consequences of breaches, the legislation does not explicitly detail offences, penalties, or other civil or criminal consequences for non-compliance. However, it does state that the legislative instrument is compatible with the human rights and freedoms recognised or declared in international instruments. This suggests that any actions taken under the Act would need to align with these broader human rights standards. The legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments, indicating that it is now in effect and enforceable within the specified parameters.