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 effect of this instrument is to delete from the list of exempt native specimens the following specimens and any associated notations:
- 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 Victorian Rock Lobster Fishery Management Plan 2009 made under the Victorian Fisheries Act 1995 and Fisheries Regulations 1998
and include the following specimens 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, taken in the Victorian Rock Lobster Fishery, as defined in the Victorian Rock Lobster Fishery Management Plan 2009 made under the Victorian Fisheries Act 1995 and Fisheries Regulations 2009
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 included in the list until 25 September 2015.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until 25 September 2015.
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 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 consulted with the NSW Department of Primary Industries as the NSWs Department of Primary Industries 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’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 amend 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.
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 and biodiversity, particularly through the regulation of activities that may impact on matters of national environmental significance. The Act was introduced to address the gap in environmental protection by establishing a comprehensive framework for the management and conservation of the environment, including native flora and fauna. The EPBC Act is administered by the Australian Parliament, with specific provisions for the listing and regulation of native specimens to ensure their sustainable use and conservation. The policy objective of this legislative instrument is to amend the list of exempt native specimens to allow for the temporary export of certain fish and invertebrate specimens from the Victorian Rock Lobster Fishery, subject to specific conditions and until a certain date, in alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains to the regulation of trade and management of native specimens within Australia. Specifically, this amendment concerns the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The amendment affects specimens derived from fish or invertebrates taken in the Victorian Rock Lobster Fishery, as defined under the Victorian Fisheries Act 1995 and its associated regulations. These specimens are excluded from the list of regulated specimens for a limited period, until 25 September 2015, provided they were taken lawfully and are included in the list subject to the specified restrictions. This geographic and jurisdictional reach applies across Australia, as the EPBC Act is a Commonwealth Act. The amendment process involved consultation with relevant state authorities, in this case, the NSW Department of Primary Industries, and public comment was also solicited to ensure transparency and inclusivity in the decision-making process.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates the creation of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument, F2014L01282, amends this list by removing certain fish and invertebrate specimens taken from the Victorian Rock Lobster Fishery. These specimens, which do not belong to species listed under Part 13 of the EPBC Act, are no longer exempt from trade controls. Instead, the instrument includes these specimens in the list of exempt native specimens, subject to specific conditions and restrictions. The inclusion is conditional upon the specimens being taken lawfully and is valid only until 25 September 2015. This amendment allows for the export of these specimens until the specified date.
The obligations imposed by this Act on the relevant parties include ensuring that any fish or invertebrate specimens taken from the Victorian Rock Lobster Fishery comply with the new conditions set out in the list of exempt native specimens. Specifically, the specimens must be lawfully taken and must be included in the list until the expiration date of 25 September 2015. The decision to amend the list was made following consultation with the NSW Department of Primary Industries, as they have management responsibilities for the fishery. Furthermore, the proposal to amend the list was advertised on the Department of the Environment's website, inviting comments from interested parties for a period of 22 business days. All comments received were considered in the decision-making process.
Breach of the conditions outlined in this legislative instrument may lead to various civil or criminal consequences, although specific penalties are not detailed in the explanatory statement. Typically, under the EPBC Act, violations can result in fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach. The Act also provides for the possibility of legal action being taken against those who fail to comply with its provisions, reinforcing the importance of adhering to the specified conditions regarding the trade of native specimens.