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 19 February 2008 is subject:
- Cast bull kelp (Durvillaea potatorum), harvested from specified beaches of King Island, Tasmania by a number of licensed harvesters under the Tasmanian Living Marine Resources Management Act 1995 and processed by Kelp Industries Pty Ltd,
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 17 August 2011.
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 17 August 2011.
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 fisheries 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 department has management responsibilities for the fishery concerned.
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/2011/04
Overview
The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2011L00193, addresses the management of native specimen trade by modifying the List of Exempt Native Specimens in accordance with Section 303DC. The original Act was enacted to protect Australia's biodiversity and manage environmental impacts, but it needed to be updated to account for specific cases such as the trade of cast bull kelp harvested from King Island, Tasmania. This legislative amendment responds to the need for continued export of these specimens while ensuring that the trade is conducted sustainably and lawfully. The policy objective of this amendment is to facilitate the ecological sustainability of fisheries, as guided by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument was developed following appropriate consultations, including with the Tasmanian Department of Primary Industries, Parks, Water and Environment, and it commenced on the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains specifically to Cast bull kelp (Durvillaea potatorum) harvested from certain beaches in King Island, Tasmania, by licensed individuals under the Tasmanian Living Marine Resources Management Act 1995 and subsequently processed by Kelp Industries Pty Ltd. This legislative instrument aims to revoke existing conditions governing the exemption of these specimens from trade control provisions, while simultaneously imposing new conditions. These conditions necessitate that the specimens, or the fish or invertebrate from which they are derived, be lawfully taken, and that they remain exempt until 17 August 2011. The Act applies to the specified Cast bull kelp harvested and processed under the outlined parameters, effectively facilitating their continued exportation until the specified date. The legislation adheres to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the amendments reflect ecologically sustainable practices. Additionally, the amendment process involved consultations with the Tasmanian Department of Primary Industries, Parks, Water and Environment due to their management responsibilities over the fishery in question.
Key Provisions
The main operative sections of this legislation (section 303DC) pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it addresses the exemption of cast bull kelp (Durvillaea potatorum) harvested from specified beaches on King Island, Tasmania, by licensed harvesters under the Tasmanian Living Marine Resources Management Act 1995 and processed by Kelp Industries Pty Ltd. The Act revokes previous conditions attached to the exemption and introduces new ones that the exemption is now subject to. These conditions are that the specimens must be taken lawfully and that the exemption remains in effect until 17 August 2011. The decision to amend the list was made in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
The obligations and requirements imposed by this legislation on the parties or entities it governs are primarily focused on ensuring that the specimens are harvested and processed in compliance with both state and federal laws. The cast bull kelp must be sourced lawfully, meaning that it must adhere to the regulations set forth by the Tasmanian Living Marine Resources Management Act 1995. Additionally, Kelp Industries Pty Ltd, as the processor, must ensure that the specimens are handled according to the newly imposed conditions, which remain in effect until the specified date of 17 August 2011. The Minister for Sustainability, Environment, Water, Population and Communities, in consultation with relevant parties, has determined these conditions to ensure ecological sustainability and proper management of the fishery.
Any breach of the conditions imposed by this legislation could lead to serious consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the text, under the EPBC Act, unauthorised activities involving the trade of native specimens can result in significant penalties. Generally, penalties can include substantial fines, imprisonment, or both, depending on the severity of the breach. The Act is designed to protect ecologically significant species and ecosystems, and violations can have both civil and criminal repercussions. It is important for those involved in the harvesting and processing of these specimens to adhere strictly to the conditions set out to avoid any legal ramifications.