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 Trochus 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 31 May 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 31 May 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 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.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2011/43
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is central to the regulation of environmental protection and biodiversity conservation in Australia. This legislation was enacted to address the problem of ensuring the ecologically sustainable use and conservation of Australia’s biological diversity. The Act, enacted by the Australian Parliament, aims to protect and manage the nation’s environment, including native flora and fauna, and to prevent significant impacts on matters of national environmental significance. The Act provides a framework for the conservation and sustainable use of Australia’s biodiversity through various mechanisms, including the regulation of trade in native specimens. In this context, the Act includes provisions for a list of exempt native specimens, which are not subject to the same trade controls as regulated native specimens. This legislative instrument amends the list of exempt native specimens to revise the conditions under which certain specimens from the Torres Strait Trochus Fishery are exempt, ensuring that these specimens can continue to be exported until 31 May 2012, provided they were taken lawfully.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to the regulation of native specimens exempt from trade control provisions applicable to regulated native specimens. This legislation specifically addresses specimens taken in the Torres Strait Trochus Fishery, which are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the Act. These specimens are exempt from trade controls, provided they meet the criteria of being lawfully taken and included in the list until 31 May 2012. The amendment was made following consultation with relevant authorities, including the Australian Fisheries Management Authority, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The key operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC of the Act is engaged to revoke certain conditions (subsection 303DC(3)) previously imposed on specimens from the Torres Strait Trochus Fishery. The specimens, which are or are derived from fish or invertebrates, are now to be exempt from trade control provisions that apply to regulated native specimens. This amendment takes effect from the day after the instrument is registered on the Federal Register of Legislative Instruments, as detailed in section 303DC(3). The specimens are included in the list of exempt native specimens until 31 May 2012, subject to the conditions that the specimen or the fish or invertebrate from which it is derived must have been taken lawfully.
The Act imposes several obligations and requirements on the parties or entities it governs. Primarily, it mandates that the specimens included in the list must have been taken lawfully. This means that the collection or derivation of the specimens must comply with all applicable laws and regulations, ensuring that the specimens were obtained through legal means. Furthermore, the inclusion of these specimens in the list of exempt native specimens is time-bound, extending only until 31 May 2012. This imposes a temporal constraint on the exemption, ensuring that it does not extend beyond the specified date.
In terms of breaches and consequences, the legislation does not explicitly outline specific offences or penalties within the text provided. However, the EPBC Act generally includes provisions for civil and criminal penalties for non-compliance with its requirements. For instance, under section 516 of the Act, individuals or entities found guilty of contravening any provision of the Act can be subject to significant fines, with the maximum penalty often dependent on the severity and nature of the offence. In cases involving trade control provisions, penalties can be particularly stringent, reflecting the importance of biodiversity conservation and sustainable practices. Therefore, any breach of the conditions imposed by this instrument could potentially lead to enforcement actions, fines, or other legal repercussions as stipulated by the overarching EPBC Act.