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 November 2012.
The only effect of this amendment is to extend this date. 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 November 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 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 provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to manage the impacts of Commonwealth activities on the environment. This legislation was introduced to address the need for comprehensive environmental protection and biodiversity conservation across Australia, ensuring sustainable development and the preservation of ecological integrity. The Act is administered by the Parliament of Australia, with a clear policy objective of maintaining and enhancing Australia’s natural environment and its biodiversity through stringent regulatory measures. The legislative instrument amending the list of exempt native specimens under Section 303DC aims to facilitate the continued export of certain fishery specimens from the Torres Strait Finfish Fishery, while ensuring they are taken lawfully and remain on the exempt list until 23 November 2012. This amendment reflects the Australian Government’s commitment to ecologically sustainable management of fisheries, balancing conservation efforts with economic activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument (F2012L01597) modifies the list of exempt native specimens under section 303DB of the EPBC Act, allowing continued export of certain fish and invertebrate specimens taken in the Torres Strait Finfish Fishery. Specifically, it revokes existing conditions on the exemption of these specimens, which were previously subject to specific conditions and a termination date of 23 November 2012. The amendment imposes new conditions that the specimens must be derived from fish or invertebrates lawfully taken in the fishery, excluding those belonging to species listed under Part 13 of the Act, and remain exempt until the revised date of 23 November 2012. The decision to amend the list was influenced by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, which assess the sustainability of fishery management arrangements. The amendment was made after appropriate consultation with relevant authorities, including the Australian Fisheries Management Authority. This legislative instrument, which does not affect any rights or freedoms and is compatible with international human rights instruments, commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislative instrument are 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. Section 303DC outlines the process for amending this list, requiring the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant ministers and authorities before making any changes. The instrument amends the list of exempt native specimens by removing conditions previously imposed on specimens taken in the Torres Strait Finfish Fishery and extending the period of exemption until 23 November 2012.
The Act imposes specific obligations and requirements on parties involved in the trade of these specimens. The specimens must be taken lawfully to qualify for exemption, and they must belong to species not listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list of exempt native specimens is subject to the condition that they remain exempt until 23 November 2012. This means that anyone exporting these specimens must ensure they comply with these conditions and have been taken lawfully.
Any breach of the conditions set out in this instrument can lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, under the EPBC Act, offences related to the illegal trade of native specimens can result in substantial fines and, in some cases, imprisonment. For instance, offences involving the trade of listed species can incur penalties of up to $330,000 for individuals and $1.65 million for corporations, along with potential imprisonment terms. It is essential for parties involved in the trade of these specimens to adhere strictly to the conditions outlined to avoid these severe consequences.
The instrument reflects the Australian Government's commitment to ecologically sustainable management of fisheries, as outlined in the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. By consulting with the Australian Fisheries Management Authority, the Delegate ensured that the decision to amend the list of exempt native specimens aligns with the criteria for sustainable fishery management. This alignment helps maintain ecological balance and ensures that the trade of these specimens does not negatively impact the environment.
This legislative instrument, registered on the Federal Register of Legislative Instruments, commenced on the day following its registration. It is designed to provide clarity and continuity in the trade of exempt native specimens, ensuring that all parties understand the conditions under which these specimens can be traded and exported. The compatibility of this instrument with human rights and freedoms recognised in international instruments further underscores its adherence to broader legal and ethical standards.