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 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 26 July 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 26 July 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 Minister for Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority as the Australian Fisheries Management Authority 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/2011/33
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework that governs the management and conservation of Australia’s biodiversity and environment. The Act was enacted by the Parliament of Australia and its policy objective includes the protection and conservation of native species and their habitats, as well as managing the impact of trade and development on the environment. The explanatory statement pertains to an amendment of the list of exempt native specimens, specifically revoking and imposing new conditions on the exemption of specimens derived from the Torres Strait Finfish Fishery. This amendment allows for the continued export of these specimens until 26 July 2012, subject to certain conditions such as lawful taking and inclusion in the list until the specified date. The amendment was made in consultation with relevant authorities, including the Australian Fisheries Management Authority, to ensure the ecological sustainability of the fishery in line with the Australian Government’s Guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation that applies to a wide range of activities impacting the environment across Australia, including those conducted by individuals, corporations, and government entities. This particular amendment to the Act, detailed in F2011L02415, specifically modifies the list of exempt native specimens by altering the conditions under which specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Torres Strait Finfish Fishery, are exempt from trade control provisions. This change applies until 26 July 2012 and requires that these specimens be lawfully taken. The amendment aims to facilitate the continued export of these specimens by ensuring they remain exempt from the specified trade controls during this period, reflecting the Australian Government's commitment to ecologically sustainable management of fisheries as outlined in the relevant guidelines. The Minister for Sustainability, Environment, Water, Population and Communities undertook the necessary consultations with relevant authorities, including the Australian Fisheries Management Authority, before enacting these changes.
Key Provisions
The main operative sections of this legislation, specifically Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish and govern the list of exempt native specimens. Under Section 303DB, the list exempts certain specimens from trade control provisions applicable to regulated native specimens. Section 303DC allows for amendments to this list, necessitating consultation with relevant Commonwealth ministers, state ministers, and other appropriate persons or organisations before such amendments are made. In this instance, the Minister for Sustainability, Environment, Water, Population and Communities has consulted with the Australian Fisheries Management Authority due to their management responsibilities over the concerned fishery.
This Act imposes specific obligations and requirements on the entities it governs. For instance, it mandates that specimens included in the list of exempt native specimens, such as those taken in the Torres Strait Finfish Fishery and derived from fish or invertebrates, must meet certain conditions. The specimens must be derived from fish or invertebrates that were taken lawfully and must remain included in the list until 26 July 2012. This ensures that the trade of these specimens remains permissible and regulated within the specified timeframe.
Furthermore, the legislation outlines potential consequences for breaches. While specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally attract civil and criminal penalties. For civil penalties, the Act provides for substantial fines, while criminal offences can result in imprisonment, depending on the severity of the breach and the discretion of the court. The maximum penalties for such breaches are set out in the EPBC Act itself and can vary based on the nature and extent of the contravention.
The legislative instrument, having been registered on the Federal Register of Legislative Instruments, commenced on the day following its registration, thereby immediately taking effect. This process ensures that the legislative changes are promptly implemented, allowing for the continued export of the specified specimens until the specified date of 26 July 2012, as per the new conditions set by the Act. This amendment is part of the broader framework aimed at ensuring the ecologically sustainable management of fisheries in Australia.