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 27 February 2009 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 EPBC Act, taken in the Torres Strait Prawn Fishery, as defined in the Torres Strait Prawn Fishery Management Plan 2009 in force under the Torres Strait Fisheries Act 1984 and Torres Strait Fisheries Regulation 1985.
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 4 April 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 4 April 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 responsibilities 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 was enacted by the Australian Parliament to provide for the protection of the environment, particularly in matters of national environmental significance. This Act addresses the gap in existing regulations concerning the trade and management of native specimens, ensuring that biodiversity is preserved while allowing for sustainable use. One of the mechanisms through which this is achieved is the listing of exempt native specimens under Section 303DB, which exempts certain specimens from trade control provisions. In 2012, an amendment was made to the list of exempt native specimens, revoking previous conditions and imposing new ones to allow continued export of certain fish and invertebrate specimens from the Torres Strait Prawn Fishery until 4 April 2012. This amendment was made in consultation with relevant authorities, including the Australian Fisheries Management Authority, and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies specifically to specimens that are or are derived from fish or invertebrates taken in the Torres Strait Prawn Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This legislation serves to revoke previous conditions attached to the inclusion of these specimens in the list of exempt native specimens and replaces them with new conditions that the specimens must be taken lawfully and remain listed until 4 April 2012. This amendment facilitates the continued export of these specimens until the specified date. The geographic reach of this Act is national, with its application extending across all states and territories in Australia, as it falls under Commonwealth jurisdiction. Importantly, the Minister for Sustainability, Environment, Water, Population and Communities is mandated to consult with relevant ministers and authorities before amending the list, ensuring a collaborative approach to ecological sustainability in fisheries management.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as per section 303DC, modifies the list of exempt native specimens (section 303DB). This amendment involves revoking the conditions that previously applied to specimens derived from fish or invertebrates in the Torres Strait Prawn Fishery, excluding those species listed under Part 13 of the EPBC Act. Instead, it imposes new conditions that the specimens must be lawfully taken and must remain in the exempt list until 4 April 2012. This change facilitates the continued export of these specimens until the specified date. The decision to amend the list was made with consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fishery's management aligns with ecological sustainability criteria.
The Act imposes obligations on the parties involved in the trade of these specimens. It mandates that the specimens, or the fish and invertebrates from which they are derived, must be taken lawfully, ensuring compliance with relevant fishing regulations. Additionally, it requires that these specimens remain in the list of exempt native specimens until the specified date of 4 April 2012. This requirement ensures that the trade of these specimens is legally permitted until the set expiration date.
For breaches of the provisions outlined in this legislative instrument, the Act does not explicitly state specific offences, penalties, or consequences. However, under the EPBC Act, unauthorised actions related to the trade of native specimens may result in civil and criminal penalties. These penalties can include substantial fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific provisions of the EPBC Act and any applicable regulations or guidelines. It is important to adhere to the conditions set forth to avoid any potential legal repercussions.