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 22 March 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 22 March 2013.
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 by regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. This Act addresses the gap in environmental regulation by establishing a comprehensive framework for the protection of biodiversity and heritage. The Australian Parliament enacted this legislation to ensure the sustainable management of the environment and to address ecological concerns associated with various activities. The policy objective of the Act is to promote the ecologically sustainable use of natural resources and to protect biodiversity through stringent controls on activities that could harm the environment.
The F2012L01659 legislative instrument amends the list of exempt native specimens under the EPBC Act, specifically addressing specimens from the Torres Strait Prawn Fishery. This amendment removes certain conditions that were previously attached to the exemption of these specimens, allowing for their continued export until 22 March 2013. The decision to amend the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fishery's management arrangements meet ecological sustainability criteria. The Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant authorities, including the Australian Fisheries Management Authority, prior to making this amendment. This legislative instrument complies with the Legislative Instruments Act 2003 and does not infringe on any rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The legislation F2012L01659 pertains to an amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It primarily applies to fish or invertebrate specimens, excluding those belonging to species listed under Part 13 of the EPBC Act, that are taken within the Torres Strait Prawn Fishery. The geographic reach of this legislation is Commonwealth, specifically concerning the management of fisheries in the Torres Strait region. The amendment revokes existing conditions subject to the inclusion of these specimens in the list of exempt native specimens and imposes new conditions, namely that the specimens must be taken lawfully and are included in the list until 22 March 2013. This change facilitates the continued export of these specimens until the specified date. The instrument was developed in consultation with relevant authorities, including the Australian Fisheries Management Authority, and it ensures compliance with the Australian Government’s guidelines for ecologically sustainable fisheries management. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The legislation in question primarily amends the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Sections 303DB and 303DC). This amendment relates to specimens that are or are derived from fish or invertebrates taken in the Torres Strait Prawn Fishery. The changes revoke previous conditions that applied to these specimens and impose new conditions to which their inclusion in the list of exempt native specimens is now subject. Specifically, the specimens must be derived from fish or invertebrates taken lawfully and must be included in the list until 22 March 2013. This amendment allows for the continued export of these specimens until the specified date.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily focused on ensuring the lawful sourcing of the specimens in question. To comply with the new conditions, entities must ensure that any specimens taken from the Torres Strait Prawn Fishery are derived from fish or invertebrates that were taken lawfully. Additionally, any export of these specimens must occur before the expiry of the inclusion in the list, which is set for 22 March 2013. Compliance with these conditions is essential to avoid any potential breaches of the trade control provisions that apply to regulated native specimens.
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties within the text provided. However, generally, under the EPBC Act, breaches of the trade control provisions for regulated native specimens could lead to civil or criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined based on the specific provisions of the EPBC Act and any relevant case law. Compliance with these requirements is critical to avoid potential legal repercussions.