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 (the EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included on 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 to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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 Fisheries Act 1984 and Torres Strait Fisheries Regulations 1985.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen was taken lawfully; and
- The specimen is included on the list until 2 December 2008.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens to the end of the 2008 fishing season on 1 December 2008
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 must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organizations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Minister for Agriculture Fisheries and Forestry and the Australian Fisheries Management Authority (AFMA) as the Minister and AFMA have 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/2008/39
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, addresses the need for a comprehensive framework to protect and conserve Australia's biodiversity and its ecosystems. This Act aims to provide for the protection of the environment, particularly its biodiversity, through the establishment of regulations and guidelines. The explanatory statement pertains to the amendment of the list of exempt native specimens under Section 303DC of the Act. This legislative instrument introduces certain specimens derived from fish or invertebrates taken within the Torres Strait Prawn Fishery to the list of exempt native specimens, thereby exempting them from the trade control provisions applicable to regulated native specimens. This inclusion is contingent upon the specimens being lawfully taken and remaining on the list until 2 December 2008. The amendment aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability criteria are met. The consultation process, as required by the Act, involved relevant stakeholders such as the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens under Section 303DC pertains to specimens taken in the Torres Strait Prawn Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. The Act applies to fish or invertebrate specimens, and their derivatives, which are taken lawfully within the defined parameters of the Torres Strait Fisheries Act 1984 and its regulations. The inclusion of these specimens on the list of exempt native specimens exempts them from the trade control provisions applicable to regulated native specimens, facilitating their export until 2 December 2008. This amendment reflects the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of these fisheries aligns with ecological sustainability criteria. The Minister for Environment, Heritage and the Arts, in consultation with the Minister for Agriculture Fisheries and Forestry and the Australian Fisheries Management Authority, determined these inclusions. This legislative instrument, registered under the Legislative Instruments Act 2003, commenced on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB sets out the framework for establishing a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, specifying that before any changes are made, the Minister must consult with relevant parties, including other ministers, state and territory ministers, and appropriate persons and organisations. This legislative instrument adds certain fish and invertebrate specimens to the list of exempt native specimens, subject to specific conditions, and these changes are made under the authority of Section 303DC.
The Act imposes obligations on the parties involved in the management and trade of these specimens. Specifically, it mandates that any specimens included on the list of exempt native specimens must be taken lawfully and must be derived from fisheries within the Torres Strait Prawn Fishery, as defined by the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. Additionally, the inclusion of these specimens is conditional upon their being taken before 2 December 2008, which marks the end of the 2008 fishing season. These conditions ensure that the ecological sustainability of the fisheries is maintained and that trade in these specimens remains within legal boundaries.
The legislation also outlines potential consequences for non-compliance. While the specific penalties for breaches are not detailed in the explanatory statement, it is understood that breaches of the EPBC Act can lead to both civil and criminal penalties. Civil penalties may include fines, with the exact amount determined by the court. Criminal penalties can also be imposed, depending on the severity of the offence, and can include imprisonment. These consequences underscore the importance of adhering to the conditions set forth in the Act to avoid legal repercussions.
In summary, this legislative instrument amends the EPBC Act by adding certain fish and invertebrate specimens to the list of exempt native specimens, subject to specific conditions. These conditions include lawful taking and compliance with the 2008 fishing season timeline. The Act imposes clear obligations on the parties involved in managing and trading these specimens, ensuring they are taken within the defined legal and ecological frameworks. Failure to comply with these provisions may result in civil or criminal penalties, reinforcing the importance of adhering to the established regulations.