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:
- 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 Torres Strait Finfish Fishery, as defined in the Torres Strait Finfish Fishery Management Plan 2013 in force under the Torres Strait Fisheries Act 1984
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 continued export of these specimens without requiring export permits, as long as an approved wildlife trade operation declaration is in force.
In determining to include the specimens in the list of exempt native specimens regard was had to the Australian Government ‘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 Environment Minister 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 former Minister for Sustainability, Environment, Water, Population and Communities consulted with the Protected Zone Joint Authority and the Australian Fisheries Management Authority, whom have management responsibility 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 21 business days. No comments were 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.
This instrument commenced upon the commencement of the Torres Strait Finfish Fishery Management Plan 2013.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, biodiversity, and heritage, and to regulate activities that may have a significant impact on the environment. The Act aims to ensure that the ecological sustainability of Australia's natural resources is maintained, and to provide a framework for the conservation of biodiversity. The F2013L01395 legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act. It was introduced to address the need for streamlined export processes for specimens taken in the Torres Strait Finfish Fishery, while ensuring that the ecological sustainability of the fishery is maintained. The instrument was enacted by the Parliament of Australia and aims to facilitate the export of fish and invertebrate specimens taken in the Torres Strait Finfish Fishery, provided they meet specific conditions and restrictions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument 2013 pertains to the inclusion of specific fish and invertebrate specimens taken in the Torres Strait Finfish Fishery into the list of exempt native specimens, thereby exempting them from trade control provisions applicable to regulated native specimens. This amendment applies to specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, and it is contingent on these specimens being taken lawfully and covered by an approved wildlife trade operation declaration under the EPBC Act. The exemption allows for continued export of these specimens without the need for export permits, provided that the relevant declaration is in force. The amendment extends its application to the geographical scope of the Torres Strait, aligning with the management framework established under the Torres Strait Fisheries Act 1984 and the Torres Strait Finfish Fishery Management Plan 2013. The instrument was developed in consultation with relevant authorities and stakeholders, including the Protected Zone Joint Authority and the Australian Fisheries Management Authority, and was subject to a public consultation period, although no comments were received.
Key Provisions
The operative sections of this legislation primarily involve the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DB). This amendment includes specimens that are or are derived from fish or invertebrates, taken in the Torres Strait Finfish Fishery, provided they are not species listed under Part 13 of the EPBC Act. These specimens are exempt from trade control provisions if they are taken lawfully and are covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. This means that the export of these specimens can proceed without the need for export permits, as long as the relevant declaration is in force.
In terms of obligations and requirements, the Act imposes specific conditions on the specimens listed. Firstly, the fish or invertebrates from which the specimens are derived must be taken lawfully. This means that the fishing activities must comply with all applicable laws and regulations. Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. This requirement ensures that the trade of these specimens is monitored and regulated to maintain ecological sustainability.
The legislation also outlines consequences for breaches, although the specific penalties are not detailed in this instrument. Generally, under the EPBC Act, breaches of the trade control provisions can lead to civil or criminal penalties, depending on the severity and intent of the breach. Civil penalties can include fines up to $222,200 for individuals and $1,111,000 for corporations, while criminal penalties can result in fines up to $666,600 for individuals and $3,333,000 for corporations, as well as potential imprisonment. The specific penalties would be determined in the context of the broader EPBC Act provisions and any additional relevant legislation.
In summary, this legislative instrument amends the List of Exempt Native Specimens to include certain fish and invertebrate specimens taken in the Torres Strait Finfish Fishery, subject to specific conditions. It imposes obligations on those involved in the trade of these specimens to ensure compliance with legal requirements and sets out potential penalties for non-compliance, though the exact penalties are not specified in this particular instrument.