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 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 24 November 2004 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 Tropical Rock Lobster 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 28 January 2011.
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 28 January 2011.
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 responsibility 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/2010/56
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the pressing need for a comprehensive framework to protect and conserve Australia's environment, particularly its biodiversity. One of the mechanisms established by this Act is the list of exempt native specimens, which exempts certain specimens from trade control provisions that apply to regulated native specimens. The purpose of this legislative instrument is to amend the list of exempt native specimens to allow continued export of certain fish and invertebrate specimens taken in the Torres Strait Tropical Rock Lobster Fishery, subject to specific conditions. This amendment was introduced by the Commonwealth of Australia, specifically through the Department of Sustainability, Environment, Water, Population and Communities, following appropriate consultations with relevant authorities, including the Australian Fisheries Management Authority. The policy objective of this amendment aligns with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of fisheries remains ecologically sustainable.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to fish and invertebrate specimens, other than those belonging to species listed under Part 13 of the Act, sourced from the Torres Strait Tropical Rock Lobster Fishery. This Act applies to these specific specimens and exempts them from the trade control provisions applicable to regulated native specimens. The changes made by this legislative instrument primarily serve to revoke existing conditions attached to the inclusion of these specimens in the list of exempt native specimens, which were initially imposed on 24 November 2004. It also introduces new conditions that require the specimens, or the fish or invertebrates from which they are derived, to be taken lawfully and mandates that the specimens remain listed until 28 January 2011. The application of this Act is overseen by the Minister for Sustainability, Environment, Water, Population and Communities, who must consult relevant Commonwealth ministers, state ministers, and potentially other persons or organisations deemed appropriate before making amendments to the list of exempt native specimens. This legislative instrument took effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary sections involved in this legislative instrument are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Section 303DB establishes a list of exempt native specimens which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC allows the Minister for Sustainability, Environment, Water, Population and Communities to amend the list of exempt native specimens, subject to consultation requirements specified in the Act. The current instrument amends the list by revoking existing conditions and imposing new conditions on the inclusion of certain specimens derived from fish or invertebrates taken in the Torres Strait Tropical Rock Lobster Fishery.
The obligations imposed by this legislation on parties and entities involve ensuring that any specimens included in the list of exempt native specimens meet the specified conditions. In this case, the conditions require that the specimens were taken lawfully and remain included in the list until 28 January 2011. This means that parties involved in the export of these specimens must verify that they comply with the legal requirements for their derivation and export. The Minister must also consult with relevant authorities and stakeholders, such as the Australian Fisheries Management Authority, before making amendments to the list.
Breaching the conditions set out in the Act can lead to significant legal consequences. Although the specific offences and penalties are not detailed in the explanatory statement, the Act generally includes provisions for both civil and criminal penalties for non-compliance. Typically, breaches of the EPBC Act can result in substantial fines, imprisonment, or both, depending on the severity of the offence. The maximum penalties for offences under the EPBC Act can vary widely, with significant fines and lengthy imprisonment terms possible for serious violations.