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:
- Gould’s squid (Nototodarus gouldi) taken by Rossglengary Pty Ltd T/A Aqua Marine Tasmania, in the Tasmanian Scalefish Fishery, as defined in the management regime for the fishery made under the Tasmanian Living Marine Resources Management Act 1995 and the Tasmanian Fisheries (Scalefish) Rules 2004,
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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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 the Environment as the Tasmanian Department of Primary Industries, Parks, Water and the Environment has management responsibilities for the fishery in which the harvest of Gould’s squid by Rossglengary Pty Ltd T/A Aqua Marine Tasmania takes place. 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 20 business days. No comments were received.
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.
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 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. One of the mechanisms through which the Act achieves this is by regulating the trade of native specimens, with certain exceptions outlined in the Act. Section 303DB of the EPBC Act provides for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. In 2013, an amendment to this list was made through legislative instrument F2013L02156, which included Gould’s squid (Nototodarus gouldi) taken by Rossglengary Pty Ltd T/A Aqua Marine Tasmania within the Tasmanian Scalefish Fishery. This amendment was made in accordance with Section 303DC of the EPBC Act and was subject to certain restrictions and conditions, including that the specimens were taken lawfully and covered by an approved wildlife trade operation declaration. The amendment was made after consultation with relevant Tasmanian authorities and with the public being invited to comment, though no comments were received.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens targets specific specimens of Gould’s squid (Nototodarus gouldi) taken by Rossglengary Pty Ltd T/A Aqua Marine Tasmania within the Tasmanian Scalefish Fishery. The amendment exempts these specimens from the trade control provisions applicable to regulated native specimens, thereby facilitating their export without the need for export permits while an approved wildlife trade operation declaration is in force. This amendment applies to the entities involved in the Tasmanian Scalefish Fishery and is subject to conditions such as the lawful taking of the specimens and the operation being covered by a declaration under section 303FN of the EPBC Act. The decision to include these specimens in the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the fishery. This legislative instrument applies nationally, following consultation with relevant Tasmanian authorities and public advertisement for comments, which in this case, did not result in any feedback.
Key Provisions
The main operative sections of this legislation, specifically Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the framework for a list of exempt native specimens. Section 303DB creates the list, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. Section 303DC outlines the process for amending this list, requiring the Minister for the Environment to consult with relevant ministers and other stakeholders before making any amendments. The instrument specifically includes Gould’s squid (Nototodarus gouldi) taken by Rossglengary Pty Ltd T/A Aqua Marine Tasmania in the Tasmanian Scalefish Fishery, subject to certain conditions.
The Act imposes specific obligations and requirements on the parties involved. Rossglengary Pty Ltd T/A Aqua Marine Tasmania must ensure that the Gould’s squid specimens are taken lawfully and that they are covered by an approved wildlife trade operation declaration under Section 303FN of the EPBC Act. These conditions ensure that the export of these specimens is sustainable and ecologically responsible. Additionally, the Tasmanian Department of Primary Industries, Parks, Water and the Environment, as the entity responsible for managing the fishery, must cooperate with the Minister for the Environment in the consultation process outlined in Section 303DC(3) of the EPBC Act.
Breach of the conditions set out in the Act may lead to various civil or criminal consequences. While specific offences and penalties are not detailed in this instrument, the EPBC Act generally provides for substantial penalties for non-compliance with its provisions. These may include fines, imprisonment, or both, depending on the severity and nature of the breach. The Act also allows for enforcement actions, such as the seizure of non-compliant specimens and the revocation of any approved wildlife trade operation declarations. Therefore, entities involved in the harvest and export of Gould’s squid must adhere strictly to the outlined conditions to avoid potential legal repercussions.