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 (the 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 24 November 2010 is subject:
- 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 Scallop Fishery,
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 30 January 2012.
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 30 January 2012.
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 that 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/2011/22
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation enacted to protect Australia’s environment, including its biodiversity, by regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. One of the mechanisms under this Act is the regulation of the trade of native specimens, with certain exemptions listed to facilitate sustainable practices while maintaining environmental integrity. In accordance with Section 303DC of the EPBC Act, the Australian Government amended the list of exempt native specimens to address specific ecological and management considerations within the Tasmanian Scallop Fishery, ensuring that the export of these specimens aligns with the guidelines for ecologically sustainable management of fisheries.
This amendment, effective from the date of its registration on the Federal Register of Legislative Instruments, revokes previous conditions and imposes new ones to ensure that specimens from the Tasmanian Scallop Fishery, excluding those of species listed under Part 13 of the EPBC Act, are exempt from trade control provisions until 30 January 2012, provided they were taken lawfully. The amendment was made in consultation with relevant stakeholders, including the Tasmanian Department of Primary Industries, Parks, Water and Environment, reflecting a commitment to balancing ecological sustainability with economic activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities across Australia, with a particular focus on those that may impact the environment, biodiversity, and world heritage properties. This Act empowers the Commonwealth to protect and manage matters of national environmental significance, including native species and their habitats. Under Section 303DB, the Act allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. This legislative instrument amends the list by revoking existing conditions for specimens taken in the Tasmanian Scallop Fishery, specifically fish and invertebrate specimens, unless they belong to species listed under Part 13 of the EPBC Act. The amendment imposes new conditions, including that the specimens must be taken lawfully and remain exempt until 30 January 2012. The decision to amend the list was informed by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the changes align with ecological sustainability criteria. This legislative instrument is subject to consultation requirements under the EPBC Act and involves consultation with relevant state and territory ministers, as well as other appropriate stakeholders.
Key Provisions
The main operative sections of this legislative instrument (F2011L01711) pertain to the modification of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB of the EPBC Act establishes a list of exempt native specimens, which are not subject to the trade control provisions that regulate other native specimens. The instrument amends the conditions that applied to certain specimens included in the list as of 24 November 2010, specifically those derived from fish or invertebrates taken in the Tasmanian Scallop Fishery. The instrument revokes previous conditions and imposes new ones: the specimens must be lawfully taken, and they remain exempt until 30 January 2012. These changes are made to facilitate the continued export of these specimens until the specified date.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, any person or entity involved in the export of specimens derived from the Tasmanian Scallop Fishery must ensure that these specimens were taken lawfully. This includes adherence to all applicable laws and regulations governing the fishery. Secondly, the specimens must be derived from fish or invertebrates that do not belong to species listed under Part 13 of the EPBC Act. This ensures that only certain species are eligible for the exemption. The specimens are also subject to the condition that they remain in the list of exempt native specimens until 30 January 2012, after which the exemption no longer applies.
Breaching the conditions outlined in this legislation can result in both civil and criminal consequences. Under Section 303 of the EPBC Act, a person who contravenes a provision of the Act may be liable for a civil penalty. The maximum penalty for individuals is $66,600, or for bodies corporate, up to $333,000. Additionally, criminal offences may be applicable, depending on the severity and intent of the breach. The Act also provides for the imposition of fines and potential imprisonment for more serious violations. These penalties underscore the importance of compliance with the Act's provisions regarding the export of native specimens.