EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens. Specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Tasmanian Marine Aquarium Fishery.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
- The specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, as long as the wildlife trade operation (WTO) declaration is in force. The fishery must continue to operate in accordance with its WTO conditions or the WTO must be revoked. Should a fishery WTO expire or be revoked, the declaration will no longer apply and will be removed from the list of exempt native specimens. Export would no longer be permitted.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Steven Kons, Minister for Primary Industries and Water.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Tasmanian Department of Primary Industries, Water and Environment.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of Australia's environmental heritage, including its biodiversity. This Act provides a framework for the protection and management of the environment and biodiversity through various provisions, including the regulation of trade in native specimens. The 2005 legislative instrument, issued under the authority of the Minister for the Environment and Heritage, aims to amend the List of Exempt Native Specimens in accordance with section 303DC of the EPBC Act. This amendment seeks to facilitate the continued export of certain specimens from the Tasmanian Marine Aquarium Fishery without the need for export permits, provided that the specimens meet specific criteria and the relevant wildlife trade operation declaration remains in force.
The instrument adds specimens from fish or invertebrates, excluding those species listed under Part 13 of the Act, to the list of exempt native specimens. These inclusions are contingent upon the specimens being taken lawfully and being covered by an approved Wildlife Trade Operation declaration under section 303FN of the Act. This legislative amendment allows for streamlined trade processes while ensuring compliance with environmental regulations. The instrument was developed following consultations with relevant Commonwealth and state ministers, as well as the Tasmanian Department of Primary Industries, Water and Environment, to ensure that the changes align with existing legislative frameworks and operational conditions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act, 1999, as amended by F2005L02279, pertains to the management of native specimens, particularly those derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the Tasmanian Marine Aquarium Fishery. This legislation applies to any entity or individual involved in the trade or export of these specimens. The jurisdictional reach of the Act is national, impacting entities across all states and territories of Australia, as it is a Commonwealth Act. The exemptions provided under this legislation allow for the continued export of specified specimens without the need for export permits, provided the specimens are taken lawfully and the relevant wildlife trade operation declaration is in force. This instrument is a legislative instrument as defined by the Legislative Instruments Act 2003, and its effectivity began on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) as amended by F2005L02279, pertain to the establishment and modification of the list of exempt native specimens (Section 303DB). This amendment specifically adds certain specimens taken from the Tasmanian Marine Aquarium Fishery to this list, under specific conditions. These specimens are exempt from trade control provisions applicable to regulated native specimens, provided they are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation (WTO) (Section 303FN). This means that exports of these specimens can proceed without requiring an export permit, as long as the WTO declaration is in force and the fishery adheres to the WTO conditions (Section 303DC).
The Act imposes several obligations and requirements on the entities it governs. Firstly, it mandates that any specimens taken from the fishery must be derived from fish or invertebrates not listed under Part 13 of the Act. Secondly, it requires that these specimens are taken lawfully, which involves compliance with all relevant laws and regulations governing the fishery. Thirdly, the specimens must be covered by a declaration of an approved WTO, meaning that the fishery must have a valid WTO declaration in place that specifically includes these specimens. Failure to meet any of these conditions could result in the WTO being revoked or expired, which would consequently remove the specimens from the list of exempt native specimens and make export of these specimens illegal without the appropriate permits.
Under the Act, breaches of the provisions outlined can lead to various civil and criminal consequences. If a WTO declaration is revoked or expires, exports of the specimens would no longer be permitted. The Act does not specify a maximum penalty for these breaches but violations of wildlife trade laws generally can result in substantial fines and potential imprisonment. The specific penalties would depend on the nature and severity of the breach, but they could include fines up to a significant amount and imprisonment for several years, as stipulated by other sections of the Act and relevant wildlife protection laws.