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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 30 November 2005 is subject:
- specimens that are or are derived from fish or invertebrates, other than specimens that belong to a species listed under Part 13 of the Act, taken in the Torres Strait Finfish 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 23 May 2013.
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 23 May 2013. The only effect of this amendment is to extend this date.
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 Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibility for the fishery concerned.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This legislation was introduced by the Australian Parliament to provide a framework for the protection of the environment, including native species and ecosystems, and to regulate activities that may impact biodiversity. A significant aspect of the EPBC Act is the regulation of the trade of native specimens, which includes exempting certain specimens from trade control provisions. The Act was amended in 2012 to adjust the list of exempt native specimens, specifically those derived from fish or invertebrates taken in the Torres Strait Finfish Fishery. This amendment, detailed in the legislative instrument F2012L02197, aimed to revoke existing conditions and impose new ones to facilitate the continued lawful export of these specimens until a specified date, reflecting the Australian Government's commitment to ecologically sustainable management of fisheries. The policy objective underlying these amendments is to ensure that the management of fisheries aligns with the criteria for ecological sustainability as outlined in the Australian Government’s guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment, represented by F2012L02197, pertains to the amendment of the list of exempt native specimens in accordance with Section 303DC. This legislative instrument applies to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the Torres Strait Finfish Fishery. The amendment primarily serves to revoke existing conditions and impose new ones under which these specimens are exempt from trade control provisions, allowing their continued export until 23 May 2013. These changes are limited to ensuring that the specimens were lawfully taken, reflecting compliance with Australia's guidelines for the ecologically sustainable management of fisheries. The amendment was enacted following consultations with relevant authorities, including the Australian Fisheries Management Authority. The legislative instrument applies nationally and is compatible with human rights and freedoms as recognised in international instruments.
Key Provisions
The operative sections of this legislation, specifically Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the criteria for the list of exempt native specimens. These specimens are exempt from the trade control provisions that apply to regulated native specimens. This particular amendment revokes the conditions on the inclusion of certain fish and invertebrate specimens taken in the Torres Strait Finfish Fishery in the list of exempt native specimens. It replaces them with new conditions: the specimens must be taken lawfully, and they remain in the list until 23 May 2013. The amendment aims to ensure that the export of these specimens can continue until the specified date.
The obligations and requirements imposed by this Act on the relevant parties include ensuring that any specimens taken are done so lawfully and meet the specified criteria for inclusion in the list of exempt native specimens. The Act also mandates consultation with relevant authorities, such as the Australian Fisheries Management Authority, to assess the ecological sustainability of the fishery's management arrangements. The criteria for these assessments are derived from the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. By consulting with these bodies, the Act ensures that the ecological sustainability of the fishery is considered in the exemption process.
Regarding breaches of the provisions set out in this Act, the legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, as this is a legislative instrument under the Legislative Instruments Act 2003, any violations of the Act's provisions could potentially lead to legal actions under the EPBC Act or other related environmental protection laws. The penalties for such breaches could include fines or other sanctions as prescribed under the relevant environmental legislation. The compatibility of this legislative instrument with human rights and freedoms is also affirmed, indicating that it does not infringe upon any rights or freedoms recognised or declared in international instruments.