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 1 April 2014.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 1 April 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, the and 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. All comments received were taken into account in the decision to include 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/2009/07
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This legislation provides a framework for the protection of the environment, including native flora and fauna, and the regulation of activities that may impact these areas. The Act was introduced by the Parliament of Australia to fill the gap in existing legislation by providing a unified approach to environmental protection and biodiversity conservation, aligning with national and international commitments. One of the mechanisms under this Act is the ability to list and exempt certain native specimens from trade control provisions, which is aimed at ensuring that ecologically sustainable practices are followed in industries such as fisheries. This specific legislative instrument, F2009L01218, amends the list of exempt native specimens to include certain specimens from the Victorian Rock Lobster Fishery, subject to specific conditions, in alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The policy objective is to facilitate the continued export of these specimens while ensuring that their management and trade remain ecologically sustainable.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument applies to fish and invertebrate specimens, specifically those taken in the Victorian Rock Lobster Fishery, as defined under the Victorian Fisheries Act 1995 and Fisheries Regulations 1998. The specimens are exempt from trade control provisions that apply to regulated native specimens, provided they are taken lawfully and are not species listed under Part 13 of the EPBC Act. This amendment allows for the continued export of these specimens until 1 April 2014, subject to the specified conditions. The amendment process involved consultation with relevant ministers and departments, as well as public comment, in accordance with the requirements of the EPBC Act. The amendment extends the application of the Act to the specified specimens and their trade until the specified date, and it is subject to the criteria for ecological sustainability outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended by the inclusion of certain specimens into the list of exempt native specimens as per Section 303DC (subsections 303DB and 303DC(3)). Specifically, specimens derived from fish or invertebrates taken in the Victorian Rock Lobster Fishery, as defined under the Victorian Fisheries Act 1995 and Fisheries Regulations 1998, have been added to the list, provided they are not species listed under Part 13 of the EPBC Act. These additions to the list are subject to conditions, including that the specimens must have been taken lawfully and will remain exempt until 1 April 2014. This amendment is aimed at facilitating the continued export of these specimens until the specified date.
Entities and individuals involved in the trade or handling of these specimens must ensure compliance with the conditions stipulated by the EPBC Act. This includes verifying that the specimens were taken lawfully and that they are not species listed under Part 13 of the Act. Additionally, all parties must adhere to the regulatory frameworks set by the Victorian Fisheries Act 1995 and Fisheries Regulations 1998, which govern the management of the fishery. The Minister for Environment, Heritage and the Arts, in consultation with relevant Victorian authorities and stakeholders, has taken these measures to ensure that the ecological sustainability of the fishery is maintained.
Failure to comply with the provisions of the EPBC Act regarding the trade of these specimens may result in legal consequences. While the specific penalties for breaches are not detailed in the explanatory statement, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines, and in more serious cases, criminal penalties could be imposed, which may include imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions.
In summary, the amendments to the list of exempt native specimens under the EPBC Act aim to facilitate lawful trade of certain fish and invertebrate specimens from the Victorian Rock Lobster Fishery until 1 April 2014. Compliance with the conditions and regulations is mandatory for all parties involved, with potential legal consequences for non-compliance. The decision to amend the list was made after appropriate consultations and public feedback, ensuring that the ecological sustainability of the fishery is upheld.