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 to 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 Eel Fishery, as defined in the management regime made under the Victorian Fisheries Act 1995 and Fisheries Regulations 2009.
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 1 May 2014.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 1 May 2014.
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 the Environment, Heritage and the Arts consulted with the Victorian Minister for Fisheries, and the Victorian Department of Primary Industries, as the Ministers and Department have management responsibilities 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 greater than 20 days. No public comments were received during the comment period.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will commence on 1 May 2009 following its registration on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2009/11
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment, heritage, and biodiversity by regulating activities that have, or are likely to have, a significant impact on the environment. In line with this objective, the Act establishes a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. The EPBC Act was enacted by the Parliament of Australia and aims to ensure the protection of the environment and biodiversity through the regulation of activities that may impact them.
The legislative instrument F2009L01613 amends the list of exempt native specimens under the EPBC Act. This amendment adds certain specimens derived from fish or invertebrates taken in the Victorian Eel Fishery, as defined in the management regime under the Victorian Fisheries Act 1995 and Fisheries Regulations 2009, to the list of exempt native specimens. These additions are subject to specific notations, including that the specimens must have been taken lawfully and are included on the list until 1 May 2014. The policy objective of this amendment is to facilitate the continued export of these specimens until the specified date. The decision to amend the list was made in consultation with relevant stakeholders, including the Victorian Minister for Fisheries and the Department of Primary Industries, and after inviting public comments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the list of exempt native specimens under section 303DC of the EPBC Act. It specifically concerns specimens or derivatives from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, that are taken in the Victorian Eel Fishery as defined in the Victorian Fisheries Act 1995 and Fisheries Regulations 2009. The inclusion of these specimens on the list of exempt native specimens allows for their continued export until 1 May 2014, subject to the condition that they were taken lawfully. This amendment applies to entities and individuals involved in the export of these specimens and is relevant to the fisheries industry within the jurisdiction of Victoria, Australia. The instrument was developed in consultation with relevant Victorian Ministers and departments, and a public consultation period was observed, though no comments were received. The amendment is subject to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries and will come into effect on 1 May 2009 following registration.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DC). Specifically, it involves the inclusion of certain fish and invertebrate specimens taken in the Victorian Eel Fishery into the list of exempt native specimens, subject to certain conditions (subsection 303DC(3)). These specimens are exempt from trade control provisions applicable to regulated native specimens. The inclusion of these specimens is conditional on them being taken lawfully and remains in effect until 1 May 2014.
The Act imposes specific obligations on the parties involved. It mandates that specimens included on the list must be derived from fish or invertebrates taken in the Victorian Eel Fishery, as defined in the management regime under the Victorian Fisheries Act 1995 and Fisheries Regulations 2009. Moreover, the specimens must be taken lawfully, meaning they comply with the relevant fisheries laws. The inclusion on the list is temporary, lasting until 1 May 2014. This legal framework ensures that the specimens can continue to be exported without the restrictions that apply to other regulated native specimens.
There are no direct offences, penalties, or consequences outlined in the provided text for breaching the conditions set forth by this legislation. However, the overarching EPBC Act does provide for a range of civil and criminal penalties for non-compliance with its provisions. These can include fines and imprisonment for serious breaches. The specifics of these penalties would be governed by the broader provisions of the EPBC Act, which can impose significant sanctions for violations related to the trade and management of native specimens.
Overall, this legislative amendment serves to facilitate the lawful export of certain fish and invertebrate specimens from the Victorian Eel Fishery by exempting them from certain trade controls until a specified date. It ensures compliance with ecological sustainability guidelines and involves consultation with relevant stakeholders, reflecting a balanced approach to environmental management and economic activity.