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 13 November 2007 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 EPBC Act, taken in the Western Australia Shark Bay Crab Interim Managed Fishery, as defined in the Shark Bay Crab Fishery (Interim) Management Plan 2005, made under the Western Australia Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995
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 28 July 2011.
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 28 July 2011.
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 Department of Fisheries Western Australia as the department has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on 27 April 2011.
Unique Identifying Number: EPBC303DC/SFS/2011/07
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to biodiversity and matters of national environmental significance. The Act addresses problems and gaps in environmental protection, particularly concerning the conservation of native species and ecosystems. This legislation was introduced by the Australian Parliament to ensure that significant environmental impacts are assessed and managed effectively, thereby contributing to the ecologically sustainable development of the nation. The policy objective of the Act is to provide a framework for the protection and conservation of biodiversity and to regulate activities that may adversely impact the environment.
This legislative instrument amends the List of Exempt Native Specimens under the EPBC Act by revoking and imposing new conditions on the inclusion of specimens derived from fish or invertebrates taken in the Western Australia Shark Bay Crab Interim Managed Fishery. This amendment allows continued export of these specimens until 28 July 2011, subject to the condition that they were taken lawfully. The decision to amend the list was made in consultation with relevant stakeholders, including the Department of Fisheries Western Australia, and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens according to Section 303DC modifies the list of exempt native specimens, affecting fish or invertebrate specimens from the Western Australia Shark Bay Crab Interim Managed Fishery. These specimens are exempt from trade control provisions applicable to regulated native specimens if they meet specific conditions. This amendment revokes previous conditions and introduces new ones, specifying that the specimens must be taken lawfully and remain exempt until 28 July 2011. The legislative changes are intended to facilitate continued export of these specimens while ensuring they meet ecological sustainability criteria as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment applies nationally, affecting entities involved in the trade of these specimens, and it was subject to consultation with relevant Western Australian authorities. This legislative instrument commenced on 27 April 2011 and is governed under the Legislative Instruments Act 2003.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a comprehensive framework for the protection of the environment, including the regulation of the trade in native specimens. Section 303DB of the EPBC Act establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The instrument in question, F2011L00597, amends the list of exempt native specimens by revoking the conditions previously imposed on specimens taken from the Western Australia Shark Bay Crab Interim Managed Fishery. Specifically, it removes the conditions that were attached to these specimens when they were first listed on 13 November 2007 and imposes new conditions (Section 303DC).
These new conditions require that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully and that they remain exempt until 28 July 2011. By doing so, the instrument aims to facilitate the continued export of these specimens until the specified date. The decision to include these specimens in the list of exempt native specimens was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. These guidelines provide criteria for assessing the ecological sustainability of fisheries management arrangements.
In accordance with Subsection 303DC(3) of the EPBC Act, the Minister for Sustainability, Environment, Water, Population and Communities, through the Delegate, consulted with relevant stakeholders before making this amendment. In this instance, consultation was conducted with the Department of Fisheries Western Australia, which has management responsibilities for the fishery concerned. This consultation ensures that the amendment reflects the current ecological sustainability and management practices of the fishery.
Breach of the provisions set out in this legislative instrument can result in various legal consequences. The primary obligations imposed on parties and entities governed by this Act include adhering to the conditions specified for the exemption of native specimens from trade control. Failure to comply with these conditions, such as exporting specimens that do not meet the specified criteria, could result in civil or criminal penalties. The exact penalties are not detailed in the explanatory statement, but under the EPBC Act, individuals and corporations can face significant fines and, in severe cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law or regulatory guidelines.