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 Scallop Managed Fishery, as defined in the Shark Bay Scallop Management Plan 1994 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 Parliament of Australia, aims to provide for the protection of the environment, particularly by regulating activities that impact on the biodiversity of the nation. This legislation establishes a framework for the protection of native species, including the regulation of their trade. The Act addresses a critical gap in the protection of native species by providing a structured approach to their conservation and sustainable use, including the ability to exempt certain specimens from trade controls under specific conditions. In alignment with the policy objective of ecologically sustainable development, this particular legislative instrument amends the List of Exempt Native Specimens to include certain fish and invertebrate specimens taken in the Western Australia Shark Bay Scallop Managed Fishery, subject to specific conditions and until a specified date. This amendment is made in accordance with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, ensuring that the ecological sustainability of the fishery is maintained. The instrument was subject to consultation with relevant ministers and departments, reflecting a commitment to collaborative governance and stakeholder engagement in environmental management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies specifically to specimens derived from fish or invertebrates within the Western Australia Shark Bay Scallop Managed Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This legislative instrument was issued under the authority of the Minister for the Environment and Heritage and is designed to facilitate the continued export of these specimens until 1 February 2013. The amendment is subject to the condition that the specimens were taken lawfully and are listed on the exempt native specimens list only until the specified date. The Act extends its jurisdiction to include both Commonwealth and state fisheries, ensuring compliance with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. This amendment also mandates consultation with relevant Ministers and departments, including the Hon Jon Ford MLC, Minister for Fisheries, and the Department of Fisheries, Western Australia, to align with the ecological sustainability criteria.
Key Provisions
This legislation amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding certain specimens to the list of exempt native specimens under section 303DB(1). Specifically, specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australia Shark Bay Scallop Managed Fishery, are included in this amendment. The inclusion of these specimens on the list of exempt native specimens is contingent upon two conditions: first, that the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and second, that the specimen remains on the list until 1 February 2013.
The obligations imposed by this amendment require that the specimens in question must be sourced from a lawful fishery, and they must comply with the notations specified in the Act. The specimens must not belong to species listed under Part 13 of the EPBC Act, and they must be taken within the defined parameters of the Western Australia Shark Bay Scallop Managed Fishery. Additionally, the inclusion of these specimens on the list of exempt native specimens must be in accordance with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. This means that the fisheries management arrangements must meet specific ecological sustainability criteria.
Failure to comply with the provisions of this Act, including the lawful sourcing of specimens and adherence to the specified conditions, may result in significant consequences. While the Explanatory Statement does not explicitly outline specific offences or penalties, breaches of the Act may lead to legal action under the broader provisions of the Environment Protection and Biodiversity Conservation Act 1999. Such breaches could result in fines and other penalties as stipulated in the Act, which could include substantial monetary fines and potential imprisonment for serious violations. Furthermore, there could be civil or administrative penalties imposed by relevant authorities for non-compliance with environmental protection and biodiversity conservation laws.