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 Rock Lobster Fishery, as defined in the management regime made under the Victorian Fisheries Act 1995 and Fisheries Regulations 1998.
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 September 2014.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 30 September 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 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.
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/2009/29
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, particularly in relation to activities that may have a significant impact on matters of national environmental significance. The problem the Act was introduced to address includes the protection of native species and ecosystems, the regulation of trade in native specimens, and the sustainable management of fisheries. The EPBC Act is administered by the Parliament of Australia, with specific provisions for listing native specimens that are exempt from trade control measures. The policy objective of this legislation is to ensure that the trade of native specimens is managed in a way that supports ecological sustainability and the conservation of biodiversity. The explanatory statement outlines an amendment to the list of exempt native specimens under Section 303DC of the EPBC Act, specifically including certain fish and invertebrate specimens taken in the Victorian Rock Lobster Fishery. This amendment allows for the continued export of these specimens until 30 September 2014, provided they were taken lawfully and meet the criteria for ecological sustainability as outlined in the Australian Government’s Guidelines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains to the regulation of native specimens and their trade. Specifically, this amendment involves the inclusion of certain specimens derived from fish or invertebrates taken within the Victorian Rock Lobster Fishery into the list of exempt native specimens. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they meet the criteria of being lawfully taken and not belonging to species listed under Part 13 of the EPBC Act. The inclusion of these specimens is contingent upon their lawful acquisition and is temporary, lasting until 30 September 2014. The amendment is subject to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, which were considered during the decision-making process. Before enacting this amendment, the Minister for Environment, Heritage and the Arts consulted with the Victorian Minister for Fisheries and the Victorian Department of Primary Industries due to their management responsibilities over the fishery in question. This legislative instrument commenced on the day following its registration on the Federal Register of Legislative Instruments and operates within the jurisdictional framework of the Commonwealth of Australia.
Key Provisions
The primary sections of this instrument, as referenced in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), particularly Section 303DB, detail the establishment of a list of exempt native specimens. Section 303DC provides the mechanism by which specimens can be added to this list, which exempts them from the trade control provisions that apply to regulated native specimens (s303DC(3)). In this case, the instrument adds specimens that are or are derived from fish or invertebrates, specifically those taken in the Victorian Rock Lobster Fishery, to the list of exempt native specimens. However, it is important to note that these specimens must not belong to species listed under Part 13 of the EPBC Act (s303DC(3)). This amendment allows for the continued export of these specimens until 30 September 2014, subject to the conditions outlined.
The Act imposes certain obligations and requirements on the entities it governs. Firstly, it requires that the specimens included in the list of exempt native specimens must be taken lawfully, as specified in the notations accompanying the inclusion in the list. Secondly, the inclusion of these specimens on the list is temporary, lasting until 30 September 2014. This temporary nature means that ongoing compliance with the conditions is necessary for the duration of the exemption period. Additionally, the Minister for Environment, Heritage and the Arts, or their delegate, must consult with relevant stakeholders, such as the Victorian Minister for Fisheries and the Victorian Department of Primary Industries, before making such amendments (s303DC(3)).
There are potential consequences for non-compliance with the provisions of the Act. While the Explanatory Statement does not detail specific offences, penalties, or consequences, breaches of the EPBC Act generally may result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment, reflecting the seriousness of non-compliance with environmental and biodiversity conservation laws. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the EPBC Act. The legislative instrument is also subject to the provisions of the Legislative Instruments Act 2003, ensuring its validity and enforceability.