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 7 September 2011 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 Act, taken in the Western Australian Beche-de-mer Fishery
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 27 August 2015.
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 27 August 2015. The only effect of this amendment is to extend this date.
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 fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment 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 the Environment consulted with the Western Australian Department of Fisheries as the Western Australian Department of Fisheries 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 the Environment’s website and comment was invited from interested people for a period of 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, including the regulation of activities that have, or potentially could have, a significant impact on matters of national environmental significance. This Act addresses the gap in existing legislation by establishing a framework for the protection and conservation of biodiversity and the environment, ensuring that activities do not adversely affect protected matters. The Act is administered by the Parliament of Australia, with a policy objective to integrate environmental considerations into decision-making processes and to promote ecologically sustainable development. This particular legislative instrument amends the List of Exempt Native Specimens to extend the exemption period for specimens derived from the Western Australian Beche-de-mer Fishery until 27 August 2015, allowing continued export while ensuring compliance with the Australian Government’s guidelines for the ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains specifically to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, that are taken within the Western Australian Beche-de-mer Fishery. The Act amends the conditions under which these specimens are exempt from trade control provisions applicable to regulated native specimens, effectively revoking the previous conditions and imposing new ones that require the specimens to have been taken lawfully and be included in the list until 27 August 2015. This legislative amendment applies nationally across Australia, with the changes made in accordance with Section 303DC of the Act, which mandates consultation with relevant state and territory authorities and the public before any amendment to the list. The Minister for the Environment, or their delegate, consulted with the Western Australian Department of Fisheries and invited public comments, ensuring a comprehensive approach to the amendment process. This legislative instrument serves to extend the exemption period, facilitating continued lawful export of these specimens until the specified date.
Key Provisions
The key provisions of the F2014L01157 legislative instrument revolve around the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s. 303DC). This instrument modifies the conditions associated with specimens that are or are derived from fish or invertebrates taken in the Western Australian Beche-de-mer Fishery. Specifically, it revokes the previous conditions and imposes new ones, ensuring that such specimens are exempt from trade control provisions if they were taken lawfully and are included in the list until 27 August 2015.
In terms of the obligations imposed by this Act, any entity or individual dealing with specimens that are or are derived from fish or invertebrates from the Western Australian Beche-de-mer Fishery must ensure that these specimens meet the specified criteria. The specimens must have been taken lawfully and must be included in the list of exempt native specimens by the stipulated date, which is 27 August 2015. This ensures that only legally obtained and listed specimens can be exported without the need for additional trade controls. The Act also requires that the Minister for the Environment consults with relevant stakeholders, including the Western Australian Department of Fisheries, and invites public comment on any proposed changes to the list.
Failure to comply with the conditions set out in the Act may result in legal consequences. Although the instrument itself does not explicitly outline offences or penalties for breaches, the broader framework of the EPBC Act provides for a range of enforcement mechanisms. For instance, unauthorised trade of regulated specimens can attract civil penalties under section 528 of the Act, with maximum fines that can reach up to $66,000 for individuals and $330,000 for corporations, depending on the severity of the offence. Additionally, criminal penalties may apply for more serious breaches, which could result in substantial fines and imprisonment.