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 23 December 2004 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 29 June 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 29 June 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 Western Australian Department of Fisheries as the department has management responsibility for the fishery concerned.
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/2010/61
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment and biodiversity, including the regulation of trade in native specimens. This Act includes provisions for establishing a list of exempt native specimens to manage the trade of such specimens in a way that aligns with ecological sustainability. One legislative instrument under this Act, F2010L03232, was introduced to modify the list of exempt native specimens as per Section 303DC. This instrument revokes the previous conditions for certain fish and invertebrate specimens taken in the Western Australian Beche-de-mer Fishery, replacing them with new conditions that permit their export until 29 June 2011. The changes were made following consultations with relevant authorities, including the Western Australian Department of Fisheries, and were aligned 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 in accordance with Section 303DC applies to specimens of fish and invertebrates taken in the Western Australian Beche-de-mer Fishery, specifically those that are not listed under Part 13 of the Act. The amendment exempts these specimens from the trade control provisions that apply to regulated native specimens, subject to certain conditions. The primary condition is that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully. Furthermore, the exemption applies only until 29 June 2011, after which the specimens will no longer be exempt from the trade control provisions. The Act's jurisdictional reach is national, and it is administered by the Commonwealth government, with the Minister for Sustainability, Environment, Water, Population and Communities having the authority to amend the list of exempt native specimens. The Minister is required to consult with relevant state and territory ministers and other appropriate persons or organisations before making such amendments, as stipulated in Subsection 303DC(3) of the EPBC Act. This legislative instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment, specifically Section 303DC, involves a modification to the List of Exempt Native Specimens (Section 303DB). This section outlines the specimens that are exempt from trade control provisions applicable to regulated native specimens. The amendment primarily affects specimens taken in the Western Australian Beche-de-mer Fishery. Initially, these specimens were subject to certain conditions, which have now been revoked and replaced with new conditions. Under the new provisions, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, are included in the list of exempt native specimens until 29 June 2011, provided they were taken lawfully. This change aims to facilitate the continued export of these specimens until the specified date.
The Act imposes several obligations and requirements on the entities it governs. Firstly, for the specimens to qualify for exemption, they must be derived from fish or invertebrates taken lawfully within the Western Australian Beche-de-mer Fishery. This requirement ensures that only legally sourced specimens are eligible for exemption. Secondly, the exemption is time-bound, with the specimens remaining on the list until 29 June 2011. This temporal limitation is crucial in regulating the duration of the exemption and ensuring compliance with ecological sustainability guidelines. Additionally, the amendment process required consultation with relevant authorities, such as the Western Australian Department of Fisheries, to ensure that the changes align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Breach of the provisions set forth in the amendment could lead to various civil and criminal consequences. Although specific offences and penalties are not detailed in the explanatory statement, violations of the EPBC Act generally can result in substantial fines and potential imprisonment. For instance, unauthorised trade in native specimens can lead to penalties under Section 477 of the Act, which provides for fines of up to $66,000 for individuals and significantly higher amounts for corporations, along with potential imprisonment terms. These penalties underscore the seriousness with which the Act treats non-compliance and aim to deter unlawful activities related to the trade of native specimens.
In summary, the amendment to the List of Exempt Native Specimens under Section 303DC of the EPBC Act introduces specific conditions for specimens taken in the Western Australian Beche-de-mer Fishery, ensuring lawful sourcing and a defined period of exemption until 29 June 2011. Compliance with these conditions is mandatory for the entities involved, and failure to adhere to the Act’s provisions can result in severe civil and criminal penalties.