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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 30 November 2005 is subject:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Victorian Sea Urchin 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 in the list until 1 November 2016.
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 1 November 2016.
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 for Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the Victorian Department of Primary Industries as the Victorian 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 Sustainability, Environment, Water, Population and Communities’ website and public comment was invited from interested people for a period of 22 business days. No public comments were received.
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/2011/36
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. One of the mechanisms through which this is achieved is the regulation of the trade in native specimens. Under this Act, the Minister for Sustainability, Environment, Water, Population and Communities has the authority to establish a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The EPBC Act Amendment of the List of Exempt Native Specimens instrument, enacted in 2011, amends this list concerning specimens derived from fish or invertebrates taken in the Victorian Sea Urchin Fishery. The objective of this amendment was to allow continued export of these specimens until 1 November 2016, provided they were taken lawfully. The enactment of this instrument was preceded by consultations with relevant stakeholders, including the Victorian Department of Primary Industries, and a public consultation period, although no public comments were received. This legislative instrument is subject to the Legislative Instruments Act 2003.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to specimens derived from fish or invertebrates taken in the Victorian Sea Urchin Fishery, excluding those belonging to species listed under Part 13 of the Act. These specimens are exempt from the trade control provisions applicable to regulated native specimens. The Act applies to entities and individuals involved in the lawful taking and export of these specimens, with the amendment allowing continued export until 1 November 2016. This amendment is geographically confined to the Commonwealth of Australia and specifically targets the Victorian Sea Urchin Fishery, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The legislative instrument also mandates consultation with relevant state and territory ministers, as well as the Victorian Department of Primary Industries, and provided a public comment period, though none were received. The instrument became effective on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary sections of this legislation (F2011L02159) concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC of the EPBC Act allows for the establishment of a list of native specimens that are exempt from trade control provisions applicable to regulated native specimens. This legislative instrument revokes conditions previously imposed on specimens derived from fish or invertebrates in the Victorian Sea Urchin Fishery and imposes new conditions on their inclusion in the list of exempt specimens. The specimens will remain exempt until 1 November 2016, provided they were taken lawfully and belong to species not listed under Part 13 of the Act.
Under this legislation, the Minister for Sustainability, Environment, Water, Population and Communities is required to consult relevant state and territory ministers and other appropriate persons and organisations before making amendments to the list of exempt specimens. In this case, the Delegate of the Minister consulted with the Victorian Department of Primary Industries, which has management responsibilities for the fishery. Additionally, the proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting public comment for 22 business days. However, no public comments were received.
The obligations imposed by this legislation include ensuring that any specimens derived from fish or invertebrates in the Victorian Sea Urchin Fishery must be taken lawfully to qualify for exemption. The exemption applies only to specimens that are not listed under Part 13 of the EPBC Act and is effective until 1 November 2016. The Minister or their delegate must also consult with relevant stakeholders and provide an opportunity for public comment before making any amendments to the list of exempt specimens.
Failure to comply with the conditions set out in this legislation could result in serious consequences. Specimens that do not meet the criteria for exemption or are taken unlawfully may be subject to the trade control provisions that apply to regulated native specimens under the EPBC Act. While the specific penalties for breaches are not detailed in this legislative instrument, they would typically include fines, imprisonment, or both, depending on the nature and severity of the offence. The exact penalties would be determined in accordance with the provisions of the EPBC Act and any relevant state or territory legislation.