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 1 December 2005 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 25 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 25 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/2010/66
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. One of its key features is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. The Act was enacted by the Commonwealth Parliament and aims to ensure the protection of Australia's unique biodiversity and ecosystems. This legislative instrument amends the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act, specifically concerning specimens taken in the Tasmanian Scallop Fishery. By revoking the previous conditions and imposing new conditions, the instrument allows for the continued export of these specimens until 25 August 2011, ensuring compliance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to specimens of fish and invertebrates taken in the Tasmanian Scallop Fishery, provided these specimens are not derived from species listed under Part 13 of the EPBC Act. This amendment exempts these specimens from the trade control provisions applicable to regulated native specimens, facilitating their continued export until 25 August 2011. The legislative instrument specifies that the specimens must be taken lawfully and that their inclusion in the list of exempt native specimens is subject to this condition until the specified date. The Minister for Sustainability, Environment, Water, Population and Communities, in making this amendment, consulted with the Tasmanian Department of Primary Industries, Parks, Water and Environment due to its management responsibilities over the fishery. The Act operates across the Commonwealth and this specific amendment applies nationally, ensuring that the ecological sustainability criteria outlined in the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries are adhered to in the management of the fishery concerned.
Key Provisions
The primary operative sections of this legislation (Section 303DC) pertain to the amendment of the List of Exempt Native Specimens as specified under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, this instrument revokes the conditions previously attached to the inclusion of certain specimens in the list of exempt native specimens, namely those specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, and which were taken in the Tasmanian Scallop Fishery. By doing so, it allows for continued export of these specimens until 25 August 2011. The amendment imposes new conditions, which state that the specimens must have been taken lawfully and remain included in the list until the specified date.
The obligations and requirements imposed by this Act on the parties and entities it governs are straightforward. Firstly, the specimens in question must be taken lawfully. This means that the fishing activities from which these specimens are derived must comply with all relevant fisheries laws and regulations. Additionally, the specimens must remain included in the list of exempt native specimens until 25 August 2011, ensuring that they are not subject to the trade control provisions that apply to regulated native specimens during this period. The requirement to consult with the Tasmanian Department of Primary Industries, Parks, Water and Environment as part of the amendment process also underscores the collaborative approach taken in managing fisheries under the EPBC Act.
Failure to comply with the provisions of this Act may result in various legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally could lead to civil or criminal penalties. For example, unauthorised trade in native specimens may result in fines or imprisonment, depending on the severity and intent of the breach. The Act's overarching goal is to ensure the ecologically sustainable management of fisheries, and any failure to adhere to the stipulated conditions or requirements could undermine this objective, potentially leading to enforcement actions by the relevant authorities.
In summary, the legislation amends the list of exempt native specimens to allow continued export of certain fish and invertebrate specimens taken in the Tasmanian Scallop Fishery, subject to specific conditions of lawful taking and a defined time period. It imposes clear obligations on those involved in the trade of these specimens and warns of potential civil or criminal penalties for non-compliance. This amendment aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological integrity of the fishery is maintained.