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 June 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 Victorian Abalone Fishery, as defined in the management regime in force under the Victorian Fisheries Act 1995
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 21 June 2013.
The only effect of this amendment is to extend this date. 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 21 June 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 Fisheries Victoria as Fisheries Victoria 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 by the Parliament of Australia to provide a framework for the protection of the environment, particularly focusing on biodiversity conservation and the sustainable use of natural resources. This Act was introduced to address the need for a comprehensive legislative approach to environmental protection that could operate across state and territory boundaries. In accordance with Section 303DC of the EPBC Act, an amendment to the List of Exempt Native Specimens was made to address specific conditions related to the export of fish and invertebrate specimens taken in the Victorian Abalone Fishery. This legislative instrument was developed to ensure that the continued export of these specimens remains compliant with the EPBC Act while taking into account the guidelines for ecologically sustainable management of fisheries. The policy objective behind this amendment is to maintain the ecological sustainability of the fishery, ensuring that the export of specimens does not negatively impact the biodiversity and environmental health of the area.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens is a legislative instrument that modifies the conditions under which certain specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the Victorian Abalone Fishery, are exempt from trade control provisions. This amendment applies specifically to specimens that were included in the list of exempt native specimens on 30 June 2009. The legislation applies to entities and persons involved in the trade of these specimens, ensuring that they comply with the specified conditions to maintain their exempt status. This Act extends its jurisdictional reach across the Commonwealth of Australia, as it is an amendment to a federal act, and it adheres to the guidelines for ecologically sustainable management of fisheries established by the Australian Government. The instrument does not impose any exclusions, exemptions, or thresholds beyond those already defined in the original Act but rather extends the date until which the specimens remain exempt from trade restrictions. The amendment is effective until 21 June 2013, as per the imposed conditions, and it aligns with the human rights and freedoms recognised in international instruments.
Key Provisions
The key operative sections of this legislative instrument are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB outlines the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC, which is specifically referenced in this instrument, allows for the amendment of the list of exempt native specimens, including the addition or removal of conditions that apply to their inclusion on the list. Under this amendment, the conditions for specimens taken in the Victorian Abalone Fishery are revised to extend their exemption until 21 June 2013.
The obligations imposed by this Act on the parties or entities it governs include the requirement that any specimens taken in the Victorian Abalone Fishery and included in the list of exempt native specimens must be taken lawfully. This ensures that the specimens are obtained in compliance with relevant fishing regulations and laws. Additionally, the specimens are included in the list of exempt native specimens only until 21 June 2013, after which they will no longer be exempt from the trade control provisions. The Minister for Sustainability, Environment, Water, Population and Communities must consult with appropriate Commonwealth and state ministers, as well as relevant stakeholders, before making amendments to the list of exempt native specimens. In this instance, consultation with Fisheries Victoria was undertaken due to their management responsibilities over the fishery in question.
Breaching the conditions of this Act may lead to civil or criminal consequences. The specific penalties are not outlined in this explanatory statement, but typically, breaches of the EPBC Act can result in substantial fines and potential imprisonment. The penalties for contravening the Act’s provisions are determined by the severity of the offence and can vary widely. It is essential for entities and individuals to comply with the requirements set out in the Act to avoid facing these legal repercussions.