EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the 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 add 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 Australia Shark Bay Prawn Managed Fishery, as defined in the Shark Bay Prawn Management Plan 1993 in force under the Western Australian Fisheries 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.
- The specimen is included on the list until 1 February 2013.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next five years and 1 month.
In determining to include the above specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Jon Ford MLC, Minister for Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Fisheries, Western Australia.
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/2007/23
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, aims to provide a comprehensive framework for the protection of the environment and biodiversity, particularly through the regulation of activities that may have significant impacts. This Act addresses the gap in the management of native specimens, ensuring that their trade and export are controlled to prevent ecological harm. In line with the policy objective of promoting ecologically sustainable development, the Act allows for the exemption of certain native specimens from trade control provisions, provided they meet specific criteria. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the List of Exempt Native Specimens to include certain specimens derived from fish or invertebrates taken in the Western Australia Shark Bay Prawn Managed Fishery. This inclusion is conditional on the specimens being taken lawfully and is set to remain in effect until 1 February 2013, facilitating continued export for a period of five years and one month. The decision to amend the list was influenced by the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, ensuring alignment with ecological sustainability criteria.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, introduced under Section 303DC, pertains to specimens derived from fish or invertebrates taken within the Western Australia Shark Bay Prawn Managed Fishery. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they meet the criteria outlined in the instrument. Specifically, the specimens must be taken lawfully and be derived from fish or invertebrates that are not listed under Part 13 of the EPBC Act. This exemption is in place until 1 February 2013, allowing continued export for a period of five years and one month. The decision to include these specimens in the list of exempt native specimens was made in consideration of the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The instrument extends its application by consulting with relevant Ministers and the Department of Fisheries, Western Australia, in alignment with Section 303DC of the Act. This legislative instrument, registered under the Legislative Instruments Act 2003, commenced on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes provisions for a list of exempt native specimens under section 303DB. This list exempts certain specimens from trade control provisions applicable to regulated native specimens. Section 303DC of the Act allows for the amendment of this list, and this instrument specifically adds specimens from the Western Australia Shark Bay Prawn Managed Fishery, as defined under the Western Australian Fisheries Resources Management Act 1994, to the list of exempt native specimens. This addition is conditional on the specimens being lawfully taken and being included on the list until 1 February 2013. This change permits the continued export of these specimens for five years and one month.
The Act imposes specific obligations and requirements on parties governed by it. Under section 303DC, the amendment to the list of exempt native specimens must be preceded by consultation with relevant Ministers and departments. This includes the Minister for Fisheries and the Department of Fisheries, Western Australia. These consultations ensure that the decision aligns with Australia’s Guidelines for the ecologically sustainable management of fisheries. The inclusion of the specimens in the list is also subject to the condition that they must be taken lawfully, ensuring compliance with existing fisheries regulations.
Breaches of the Act’s provisions can lead to various civil and criminal consequences. While specific penalties are not detailed in this instrument, the Act generally provides for fines and imprisonment for violations related to the trade of native specimens. For instance, under section 485 of the Act, a person who contravenes a trade control provision can be fined up to $222,000 for a corporation and $44,400 for an individual, along with potential imprisonment terms. Additionally, section 486 outlines penalties for offences related to the unlawful export of native specimens, with similar financial penalties and imprisonment terms. The Act’s overarching goal is to ensure that the trade of native specimens is managed sustainably and in accordance with ecological principles.