EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a)
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 include in the list of exempt native specimens:
- 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 (other than a species listed in the conservation dependent category) and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Victorian Corner Inlet Fishery as defined in the management regime in force under the Fisheries Act 1995 (VIC) and Fisheries Regulations 2009 (VIC),
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
References to definitions in instruments made under or in force under legislation are to be read as references to provisions in those instruments and legislation as in force from time to time. Victorian legislation incorporated by reference in this instrument can be freely accessed at http://www.legislation.vic.gov.au/ (as of July 2017).
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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'. The 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 fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment and Energy’s website and comment was invited from interested people for a period of 22 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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 environment, particularly with respect to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. The EPBC Act Amendment of the List of Exempt Native Specimens, made in accordance with Section 303DC(1)(a), was introduced to address a gap in the regulation of trade in native specimens, specifically those taken from the Victorian Corner Inlet Fishery. This legislative instrument, made by the Delegate of the Minister for the Environment and Energy, aims to exempt certain fish and invertebrate specimens taken lawfully within the fishery from the trade control provisions that apply to regulated native specimens, provided they are covered by an approved wildlife trade operation declaration. This amendment facilitates the export of these specimens without the need for export permits, subject to certain conditions, and aligns with the Australian Government's guidelines for ecologically sustainable fisheries management. The policy objective is to support sustainable fisheries management while streamlining trade processes for compliant specimens.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument modifies the List of Exempt Native Specimens under Section 303DC(1)(a) of the Act. This amendment applies to specimens derived from fish or invertebrates taken within the Victorian Corner Inlet Fishery, as defined by the Fisheries Act 1995 (VIC) and Fisheries Regulations 2009 (VIC), provided they do not belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The exemption is contingent on the specimens being taken lawfully and being part of an approved wildlife trade operation declaration under section 303FN of the EPBC Act. This change facilitates the export of these specimens without the need for export permits while the approved wildlife trade operation declaration is in effect. The amendment was made following consultation with relevant Victorian authorities and public consultation, and it adheres to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
Section 303DC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows for the amendment of the list of exempt native specimens. This legislative instrument includes specimens derived from fish or invertebrates taken in the Victorian Corner Inlet Fishery within the list of exempt native specimens. However, this exemption is conditional on the specimen being lawfully taken and being covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This amendment facilitates the export of these specimens without the need for export permits while the approved wildlife trade operation declaration is in force.
The Act imposes several obligations on parties involved with these specimens. Firstly, any specimens included in the list of exempt native specimens must be derived from fish or invertebrates that have been taken lawfully within the defined boundaries of the Victorian Corner Inlet Fishery. Secondly, the specimens must be covered by a declaration from an approved wildlife trade operation. This declaration ensures that the trade operation adheres to specific wildlife trade regulations and ecological sustainability criteria as outlined in the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. These guidelines provide the framework for assessing the ecological sustainability of the fishery’s management arrangements.
Breaching the conditions of the exemption can lead to serious consequences. While the legislation does not explicitly outline specific offences or penalties for non-compliance, any failure to adhere to the lawful taking and approved operation declaration requirements could potentially result in legal action. This could include civil penalties for violations of wildlife trade regulations or criminal penalties for illegal fishing activities. The severity of the penalties would depend on the specific nature of the breach and the relevant provisions of the EPBC Act and other applicable laws. It is also important to note that any breaches may result in the revocation of the approved wildlife trade operation declaration, thereby impacting the ability to export the specimens without permits.