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 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 on the list of exempt native specimens on 20 October 2004 is subject:
- Specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the Victorian Giant Crab Fishery;
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 on the list until 13 March 2015.
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 13 March 2015.
In determining to include the specimens on 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 the Environment, Heritage and the Arts 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. 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 22 business days. All comments received were taken into account in the decision to include specimens derived from 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 commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2010/07
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to manage and conserve Australia’s biodiversity and to regulate activities that may impact the environment. The EPBC Act empowers the federal government to protect and manage nationally significant flora, fauna, ecological communities, and heritage places. One aspect of this legislation involves the regulation of the trade of native specimens, where certain species are subject to trade control provisions to prevent over-exploitation and ensure ecological sustainability. The Act was enacted by the Parliament of Australia and its policy objectives include the preservation of biodiversity and the implementation of ecologically sustainable development practices.
This legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act, specifically addressing specimens derived from the Victorian Giant Crab Fishery. The instrument revokes previous conditions attached to these specimens, which were included on the list of exempt native specimens on 20 October 2004. By imposing new conditions, the instrument ensures that these specimens remain exempt from trade control provisions until 13 March 2015, provided they were taken lawfully. This change aims to facilitate the continued export of these specimens while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment, Heritage and the Arts consulted relevant stakeholders before making this amendment, reflecting a commitment to inclusive decision-making in environmental management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as described in F2010L00650, pertains to specimens of fish and invertebrates derived from the Victorian Giant Crab Fishery, excluding those of species listed under Part 13 of the Act. These specimens are exempted from the trade control provisions applicable to regulated native specimens, provided they were taken lawfully and are included on the list of exempt native specimens until 13 March 2015. The amendment to the list follows consultation with relevant Commonwealth Ministers, state and territory ministers, and other interested parties as outlined in subsection 303DC(3) of the EPBC Act. The amendment aims to facilitate the continued export of these specimens, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument, once registered on the Federal Register of Legislative Instruments, governs the specified conditions and exemptions under the EPBC Act, applying across the Commonwealth jurisdiction.
Key Provisions
The primary operative sections of this legislation involve the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DB). This amendment specifically concerns specimens, or those derived from them, of fish or invertebrates taken in the Victorian Giant Crab Fishery. Initially, these specimens were included on the list of exempt native specimens on 20 October 2004 under certain conditions, but this instrument revokes those conditions. Instead, it imposes new conditions: the specimens must be taken lawfully and they remain on the list of exempt native specimens until 13 March 2015. This change aims to facilitate continued export of these specimens until the specified date.
The Act imposes several obligations and requirements on the parties involved. Firstly, any specimens derived from fish or invertebrates in the Victorian Giant Crab Fishery must be taken lawfully to qualify for exemption. This requirement ensures that the specimens do not originate from illegal fishing activities. Secondly, the specimens must remain on the list of exempt native specimens until 13 March 2015. This timeframe is crucial for businesses and individuals involved in the export of these specimens, as it dictates the period during which they can legally export without incurring penalties for non-compliance with trade control provisions.
In terms of legal consequences, the Act does not explicitly state offences, penalties, or civil/criminal consequences for breach within the provided text. However, it is implied that failure to comply with the conditions set forth—namely, taking specimens lawfully and adhering to the specified timeframe—could result in legal repercussions. Given the nature of the EPBC Act, breaches likely fall under the broader regulatory framework of the Act, potentially involving fines or other sanctions as prescribed by relevant sections of the Act or other applicable laws. The exact penalties would depend on the specifics of the breach and the applicable legal provisions.