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 instrument deletes specimens from the list of exempt native specimens that are taken in the following four fisheries managed by the Victorian Department of Economic Development, Jobs, Transport and Resources. The instrument also includes specimens from the same four fisheries in the list of exempt native specimens, with notations that inclusion of the specimens in the list are subject to restrictions or conditions that the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and that the specimens are included in the list until 28 August 2026.
The relevant Victorian managed fisheries are as follows:
Abalone Fishery
Giant Crab Fishery
Sea Urchin Fishery
Rock Lobster Fishery
The effect of this instrument is to simplify the description of the specimens in the list of exempt native specimens, and to extend the export approval for the specimens until 28 August 2026. These fisheries have been identified by the Department of the Environment and Energy as low risk fisheries suitable for extension of export approval for ten years.
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 the Environment and Energy 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 the Environment and Energy consulted with the Victorian Department of Economic Development, Jobs, Transport and Resources as the Victorian Department of Economic Development, Jobs, Transport and Resources has management responsibilities for the fisheries concerned. Additionally, consultation on the proposal to extend export approval to ten years for low risk fisheries was carried out, including formal correspondence with all Commonwealth, state and territory fisheries ministers, and with Commonwealth, state and territory fisheries management agencies. Conservation organisations and peak fishing industry associations were also briefed on the proposed reform, and were invited to comment via a public submission process, along with the general public.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislation.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including the regulation of trade in native specimens. The Act aims to ensure that the ecological sustainability of fisheries is maintained and managed appropriately. Pursuant to the EPBC Act, an amendment was made to the list of exempt native specimens, adjusting the status of certain specimens from four Victorian fisheries: Abalone, Giant Crab, Sea Urchin, and Rock Lobster fisheries. This amendment was introduced to simplify the regulatory framework and extend the export approval for these specimens until 28 August 2026, recognising these fisheries as low risk and ecologically sustainable. The amendment process involved consultation with relevant Victorian authorities, Commonwealth and state fisheries ministers, and other stakeholders to ensure that the changes align with the Australian Government's guidelines for ecologically sustainable fisheries management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument pertains to the management of native specimens within specific fisheries managed by the Victorian Department of Economic Development, Jobs, Transport and Resources. The Act applies to the four fisheries listed: Abalone Fishery, Giant Crab Fishery, Sea Urchin Fishery, and Rock Lobster Fishery, with the aim of simplifying the description of specimens in the list of exempt native specimens and extending the export approval for these specimens until 28 August 2026. The Act exempts specimens taken from these fisheries from trade control provisions that apply to regulated native specimens, provided the specimens were taken lawfully. The geographic reach of this legislation is limited to Commonwealth and state jurisdictions, specifically within Victoria, Australia. The instrument is a legislative measure for the purposes of the Legislation Act 2003 and commenced on the day after its registration on the Federal Register of Legislation.
Key Provisions
Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the primary operative provision in this legislative instrument, enabling the amendment of the list of exempt native specimens. This section specifies the process by which certain specimens can be included in or excluded from the list, thereby affecting their trade control status. Under this section, specimens that were previously exempt from trade control provisions can now be subject to these provisions, or vice versa, depending on the decision of the Minister for the Environment and Energy.
The Act imposes specific obligations on the parties and entities it governs, particularly in relation to the management and trade of native specimens. Those managing the relevant fisheries must ensure that any specimens derived from the listed fisheries are taken lawfully and are compliant with the conditions set by the EPBC Act. This includes ensuring that the specimens meet the criteria for inclusion in the list of exempt native specimens, which is contingent upon the ecological sustainability of the management arrangements for the respective fisheries.
Violations of the Act can lead to significant consequences. The Act provides for both civil and criminal penalties for breaches. The maximum penalties vary depending on the nature and severity of the offence. For instance, knowingly or recklessly contravening a provision of the Act can result in substantial fines and, in more serious cases, imprisonment. The specifics of these penalties are detailed in the relevant sections of the EPBC Act, which outline the enforcement mechanisms and the jurisdiction of the courts to impose these penalties.