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 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 21 June 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 Victorian Department of Primary Industries was consulted, as the Victorian Department of Primary Industries 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/2011/12
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. In 2011, an amendment was introduced to the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act. This amendment was made to address a specific gap concerning the trade of specimens derived from fish or invertebrates within the Victorian Abalone Fishery. The change involved revoking the existing conditions that applied to these specimens and imposing new conditions, which included a requirement for the specimens to be taken lawfully and setting a new inclusion date in the list until 21 June 2012. The policy objective was to facilitate the continued export of these specimens while ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument was developed after appropriate consultations, including with the Victorian Department of Primary Industries, reflecting a collaborative approach to environmental management.
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 specimens derived from fish or invertebrates taken in the Victorian Abalone Fishery, as defined under the Victorian Fisheries Act 1995. This legislative amendment applies to these specimens, provided they do not belong to species listed under Part 13 of the EPBC Act. The Act exempts these specimens from the trade control provisions applicable to regulated native specimens, contingent on specific conditions. The exemption allows for continued export of these specimens until 21 June 2012, provided that the specimens were taken lawfully and are included in the list until the specified date. This amendment was made after consulting with the relevant authorities, including the Victorian Department of Primary Industries, ensuring alignment 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 provisions of this legislation revolve around the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). Specifically, it addresses specimens that are or are derived from fish or invertebrates taken in the Victorian Abalone Fishery, as defined under the Victorian Fisheries Act 1995. The main changes include revoking previous conditions associated with the exemption of these specimens and imposing new conditions. According to the legislation, specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, will be exempt from trade control provisions until 21 June 2012 (Section 303DC). These specimens must be taken lawfully, and the exemption is valid until the specified date.
The obligations imposed by the Act on parties or entities involved in the trade of these specimens are straightforward. The specimens must be taken in compliance with the law, and they must meet the criteria set by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. These guidelines are referenced in the legislation to ensure that the management of the fishery aligns with ecologically sustainable practices. The Victorian Department of Primary Industries, which has management responsibilities for the fishery, was consulted in the process of making these amendments, reflecting the collaborative approach required by Subsection 303DC(3) of the EPBC Act.
Breaches of the conditions set by this legislation could result in various consequences. Although specific offences and penalties are not detailed in the provided text, the EPBC Act generally includes provisions for both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties could lead to imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific provisions of the EPBC Act and any applicable regulations or guidelines. This legislative instrument is binding and came into effect the day after it was registered on the Federal Register of Legislative Instruments, underscoring its legal authority and immediate applicability.