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 26 October 2011 is subject:
- Specimens that are or are derived from fish or invertebrates, taken in the Tasmanian Rock Lobster Fishery, as defined in the Fisheries (Rock Lobster) Rules 2011, made under the Tasmanian Living Marine Resources Management Act 1995, other than specimens that belong to species listed under Part 13 of the Act,
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 3 February 2017.
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 3 February 2017.
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 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 Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 23 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act was introduced to ensure that activities impacting the environment are managed in a sustainable and ecologically responsible manner, aligning with national and international standards. The EPBC Act provides mechanisms for regulating activities that may harm the environment, including trade controls on native specimens. This legislative instrument amends the list of exempt native specimens under the EPBC Act, specifically revoking and imposing new conditions on specimens derived from fish or invertebrates taken in the Tasmanian Rock Lobster Fishery. This change is intended to allow continued export of these specimens until 3 February 2017 while ensuring compliance with ecological sustainability guidelines. The decision to amend the list was made in consultation with relevant Tasmanian authorities and with public consultation, reflecting the policy objective of balancing ecological sustainability with economic activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as reflected in the instrument F2012L00150, pertains to specimens of fish and invertebrates taken in the Tasmanian Rock Lobster Fishery. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they are not from species listed under Part 13 of the Act. The Act applies to these specific specimens and is intended to facilitate the continued export of these specimens until 3 February 2017, subject to the condition that they were taken lawfully. The instrument revokes previous conditions and imposes new conditions that the specimens must be lawfully taken and that their inclusion in the list of exempt specimens remains until the specified date. The application of the Act is national, given its federal nature, and it extends to all relevant specimens within the jurisdiction of Australia, with particular relevance to Tasmania where the fishery is managed. The amendment process involved consultation with the Tasmanian Department of Primary Industries, Parks, Water and Environment and a public comment period on the Department’s website.
Key Provisions
The main operative sections of this legislative instrument, F2012L00150, concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DB). This amendment revokes the conditions attached to the inclusion of certain specimens in the list of exempt native specimens and replaces them with new conditions. Specifically, specimens that are or are derived from fish or invertebrates taken in the Tasmanian Rock Lobster Fishery, as defined in the Fisheries (Rock Lobster) Rules 2011 under the Tasmanian Living Marine Resources Management Act 1995, will be exempt from trade control provisions unless they belong to species listed under Part 13 of the Act. These specimens are included in the list until 3 February 2017, provided they were taken lawfully.
The obligations and requirements imposed by this Act on the parties and entities it governs are twofold. Firstly, any specimens that qualify for inclusion in the list must have been taken lawfully, meaning that they must adhere to all relevant fishing regulations and licensing requirements set forth by the Tasmanian Department of Primary Industries, Parks, Water and Environment. Secondly, the inclusion of these specimens in the list of exempt native specimens is time-bound and will only remain in effect until 3 February 2017. Beyond this date, these specimens will no longer be exempt from the trade control provisions unless further amendments are made to the list.
In terms of consequences for breach, the Act does not explicitly outline specific offences or penalties for non-compliance with the conditions set forth for these specimens. However, general provisions within the EPBC Act may apply. Engaging in the trade of native specimens without the appropriate exemptions or permits could lead to enforcement actions by the relevant authorities, which may include fines and other administrative penalties. Additionally, continued non-compliance could result in criminal charges under broader environmental protection laws, with potential penalties including substantial fines and imprisonment. It is important to note that the specific maximum penalties would depend on the broader context of the offence under the EPBC Act and any related legislation.