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 Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, in force under the Western Australian Fish Resources Management Act 1994.
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 26 March 2009.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 26 March 2009.
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 Western Australian Minister for Fisheries and the Department of Fisheries, Western Australia as the Minister 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 commences on 26 February 2009.
Unique Identifying Number: EPBC303DC/SFS/2009/04
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly biodiversity, through various measures, including the regulation of trade in native specimens. A legislative instrument issued under the EPBC Act, F2009L00721, amends the List of Exempt Native Specimens to include certain specimens taken from the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, managed under the Western Australian Fish Resources Management Act 1994. This amendment exempts these specimens from the trade control provisions applicable to regulated native specimens, facilitating their continued export until 26 March 2009, subject to specific conditions such as lawful taking and ecological sustainability criteria as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list was preceded by consultations with relevant Western Australian authorities and public comments. This legislative instrument, issued under the authority of the Legislative Instruments Act 2003, commenced on 26 February 2009.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC, identified as F2009L00721, pertains specifically to the management of trade in native specimens within Australia. The act applies to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, which operates under the Western Australian Fish Resources Management Act 1994. The inclusion of these specimens on the list of exempt native specimens is subject to certain conditions, namely that the specimens or the fish and invertebrates from which they are derived must have been taken lawfully, and the exemption applies until 26 March 2009. This legislative instrument ensures continued export of these specimens until the specified date. The amendment process involved consultation with relevant Western Australian authorities and a public comment period, ensuring a comprehensive assessment aligned with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The primary sections of this legislation amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding specific specimens to the list of exempt native specimens under Section 303DB (subsection 303DC). The inclusion of these specimens on the list exempts them from the trade control provisions that apply to regulated native specimens. Specifically, Section 303DC allows for the addition of specimens derived from fish or invertebrates, provided they were taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery under the Western Australian Fish Resources Management Act 1994. These specimens are exempt from trade controls, but only if they were taken lawfully and remain on the list until 26 March 2009.
The Act imposes specific obligations and requirements on the parties or entities it governs. It mandates that any specimens included on the list of exempt native specimens must have been taken lawfully. Furthermore, the inclusion of these specimens on the list is conditional and only applies until 26 March 2009. This temporary inclusion is subject to the conditions set out in the legislation, ensuring that the ecological sustainability of the fishery is maintained. The Minister for Environment, Heritage and the Arts, in consultation with relevant stakeholders, determined the inclusion of these specimens, adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Failure to comply with the provisions of the EPBC Act, including the conditions for listing exempt native specimens, can lead to civil or criminal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of the Act generally attract penalties as prescribed under the relevant sections of the Act. These penalties may include fines or imprisonment, depending on the nature and severity of the breach. The legislative instrument aims to ensure that the trade of these specimens is conducted in a manner that is ecologically sustainable and in accordance with the law.