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 on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to include the following specimens on the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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.
The inclusion of the specimens in the list is subject to the following notations:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- the specimens are included on the list until 30 June 2011.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 30 June 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 must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organizations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Victorian Department of Primary Industries as the Department has management responsibility for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 20 days. One public comment was received and was taken into account in the decision to include the fishery on the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2009/19
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that have a significant impact on the environment. A specific legislative instrument, F2009L02626, was introduced to amend the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act. This amendment aimed to address a gap in the regulation of trade for certain specimens derived from fish or invertebrates taken in the Victorian Abalone Fishery, excluding those species listed under Part 13 of the EPBC Act. The instrument was developed following consultation with the Victorian Department of Primary Industries and public consultation as required by Subsection 303DC(3) of the EPBC Act. The policy objective was to facilitate the continued export of these specimens until 30 June 2011 while adhering to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument was enacted by the Delegate of the Minister for Environment, Heritage and the Arts and is subject to the Legislative Instruments Act 2003.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to the inclusion of specific specimens on the list of exempt native specimens. These specimens are those that are or are derived from fish or invertebrates, taken in the Victorian Abalone Fishery, as defined in the management regime in force under the Victorian Fisheries Act 1995, provided they do not belong to species listed under Part 13 of the EPBC Act. The inclusion of these specimens on the list is subject to certain conditions, including that the specimens were taken lawfully and are included on the list until 30 June 2011. This legislation operates within the Commonwealth jurisdiction, and its reach is limited to the regulation of trade control provisions concerning native specimens as per the EPBC Act. The instrument is subject to consultation requirements under the EPBC Act, and any amendments to the list must consider the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the legislation are section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are exempt from trade control provisions. Section 303DC provides for the amendment of this list. This legislative instrument includes specimens that are or are derived from fish or invertebrates, taken in the Victorian Abalone Fishery, on the list of exempt native specimens (section 303DB). These inclusions are subject to specific conditions: the specimens must be taken lawfully, and they are included until 30 June 2011 (section 303DC(2)). The decision to amend the list was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, ensuring the ecological sustainability of the fishery management arrangements.
The Act imposes specific obligations and requirements on the parties involved. Firstly, any specimens included on the list of exempt native specimens must be taken lawfully, as per the notations specified in section 303DC(2). This means that the fishing activities must comply with the Victorian Fisheries Act 1995 and any other relevant laws. Secondly, the Minister must consult with relevant stakeholders, including other Ministers and the Victorian Department of Primary Industries, before amending the list (section 303DC(3)). Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website, and public comments were invited for a period of 20 days. The public comment received was considered in the decision-making process.
The legislation also outlines potential consequences for breaches of its provisions. While the explanatory statement does not detail specific offences or penalties, it is implied that any unlawful taking of specimens or non-compliance with the conditions set forth in section 303DC(2) could result in legal repercussions. Penalties for breaches of the EPBC Act generally range from fines to imprisonment, depending on the severity of the offence. The maximum penalties for offences under the EPBC Act can include substantial fines and imprisonment terms, as outlined in the Act and related regulations. The exact penalties would depend on the nature and extent of the breach.