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 in 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 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 Western Australian Shark Bay Crab Interim Managed Fishery, as defined in the Shark Bay Crab Fishery (Interim) Management Plan 2005, made under the Western Australian Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995
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 30 September 2016.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 30 September 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 Western Australian Department of Fisheries as that department 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 for a period of 22 business days. No 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/2011/29
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act aims to foster ecologically sustainable development through the conservation of biodiversity and the prudent use of natural resources. One of the mechanisms by which the EPBC Act achieves these objectives is through the regulation of trade in native specimens, with certain exemptions outlined in the Act. In accordance with Section 303DC, this legislative instrument amends the list of exempt native specimens to include certain fish and invertebrate specimens taken from the Western Australian Shark Bay Crab Interim Managed Fishery, subject to specified conditions. This amendment facilitates the continued export of these specimens until 30 September 2016, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list involved consultation with relevant authorities and public comment, ensuring a considered approach to the ecological management of the fishery in question.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment, as evidenced by the legislative instrument F2011L02052, amends the list of exempt native specimens by including certain specimens from the Western Australian Shark Bay Crab Interim Managed Fishery. These specimens, which are fish or invertebrate specimens not belonging to species listed under Part 13 of the EPBC Act, are subject to specific conditions and restrictions, including the requirement that they must be taken lawfully and are included in the list until 30 September 2016. This amendment allows for continued export of these specimens until the specified date, with the decision to amend the list made in consultation with relevant authorities and following public consultation. The legislative instrument is subject to the guidelines for ecologically sustainable management of fisheries and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) facilitates the amendment of the list of exempt native specimens by incorporating certain fish and invertebrate specimens into this list. Specifically, the specimens in question are those derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian Shark Bay Crab Interim Managed Fishery, as defined in the Shark Bay Crab Fishery (Interim) Management Plan 2005, under the Western Australian Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995. These specimens are exempt from trade control provisions that apply to regulated native specimens, with the condition that they must be taken lawfully and are included in the list until 30 September 2016. The inclusion of these specimens in the list of exempt native specimens aims to allow continued export of these specimens until the specified date.
Entities or individuals involved in the trade of these exempt native specimens must ensure that the specimens were taken lawfully and comply with the specific conditions set out in the legislation. They must also adhere to the stipulation that the specimens are included in the list only until 30 September 2016. This requirement ensures that trade activities involving these specimens are conducted within the legal framework established by the EPBC Act and the relevant fishery management plans. Compliance with these conditions is essential to avoid any legal repercussions.
Failure to comply with the provisions outlined in the EPBC Act regarding the trade of exempt native specimens may result in legal consequences. Although the specific offences and penalties are not detailed in the provided text, violations of the Act generally lead to civil or criminal penalties, which can include fines or imprisonment, depending on the severity of the breach. It is important for all parties involved to understand and adhere to the requirements to avoid potential legal actions.