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 include the following specimens in the list of exempt native specimens:
- 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 as defined in the management regime in force under the Fisheries (Scallop) Rules 2010, the Tasmanian Fisheries (General) Regulations 2000 and the Tasmanian Living Marine Resources Management Act 1995.
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 included in the list until 30 January 2017.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 30 January 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 fishery's 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 Department of Primary Industries, Parks, Water and Environment as that department 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 22 business days. One comment was received.
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.
Unique Identifying Number: EPBC303DC/SFS/2012/03
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for comprehensive protection of the nation's environment, including biodiversity conservation. This Act provides a framework for the management and conservation of Australia's biodiversity and its interactions with the environment. In accordance with Section 303DC of the EPBC Act, an amendment was introduced to the List of Exempt Native Specimens to facilitate the continued export of certain specimens derived from the Tasmanian Scallop Fishery. The specimens in question, which are fish or invertebrate-derived, are exempt from the trade control provisions applicable to regulated native specimens, provided they were taken lawfully and are included in the list until 30 January 2017. This amendment was made following consultations with relevant state authorities and was advertised for public comment, reflecting the policy objective of ensuring the ecological sustainability of fisheries management in alignment with the Australian Government's Guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment, as outlined in F2012L00094, amends the list of exempt native specimens under section 303DC of the EPBC Act. This amendment applies to specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the EPBC Act, and are taken in the Tasmanian Scallop Fishery as defined under relevant Tasmanian legislation. This amendment ensures the continued export of these specimens until 30 January 2017, provided the specimens were taken lawfully. The amendment is subject to consultation with relevant stakeholders, including the Department of Primary Industries, Parks, Water and Environment, and was advertised for public comment. The legislative instrument does not engage any applicable rights or freedoms and is compatible with international human rights instruments.
Key Provisions
The primary sections involved in this legislative amendment pertain to Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Under this section, the Minister for Sustainability, Environment, Water, Population and Communities is empowered to amend the list of exempt native specimens. This amendment specifically adds specimens of fish or invertebrates taken in the Tasmanian Scallop Fishery to the list of exempt native specimens, with certain conditions. These specimens are exempt from trade control provisions that apply to regulated native specimens, provided they are taken lawfully and are not species listed under Part 13 of the EPBC Act. This exemption is temporary and will remain in effect until 30 January 2017.
The obligations imposed by this amendment require that any specimens included in the list of exempt native specimens must have been taken lawfully. This includes ensuring that the fishing activities from which these specimens derive were conducted in accordance with the relevant fishery management rules and regulations, including those specified under the Fisheries (Scallop) Rules 2010, the Tasmanian Fisheries (General) Regulations 2000, and the Tasmanian Living Marine Resources Management Act 1995. The amendment also mandates that the specimens remain in the exempt list until the specified date of 30 January 2017, after which they will no longer be exempt from the trade control provisions.
Should any party or entity fail to comply with the conditions set forth in this legislative amendment, they may face legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of environmental and biodiversity laws under the EPBC Act generally carry significant penalties. These can include substantial fines and, in some cases, imprisonment. The precise penalties depend on the nature and severity of the breach, as well as any applicable state or territory laws. Additionally, there may be civil and administrative consequences, such as the imposition of additional regulatory measures or the requirement to remedy the breach.
The legislative instrument is designed to be compatible with human rights and freedoms as recognised in international instruments, and it has been registered and commenced as per the requirements of the Legislative Instruments Act 2003. The consultation process, which included the Department of Primary Industries, Parks, Water and Environment and public comment, ensures that the amendment aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, reflecting a commitment to sustainable management practices.