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 8 February 2008 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 Exmouth Gulf Prawn Managed 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 8 February 2018.
The only effect of this amendment is to extend this date. 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 8 February 2018.
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 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 of Fisheries Western Australia 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 Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 22 business days. No comments were received.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect the environment, particularly biodiversity, and to manage activities that could have a significant impact on the environment. This Act provides mechanisms for the conservation of biodiversity, the protection of endangered species, and the sustainable use of natural resources. The legislative instrument, F2013L00171, amends the list of exempt native specimens under Section 303DB of the EPBC Act, thereby modifying the conditions under which certain specimens are exempt from trade control provisions. Specifically, the instrument revokes existing conditions that were subject to the inclusion of certain fish and invertebrate specimens from the Western Australian Exmouth Gulf Prawn Managed Fishery in the list of exempt native specimens and imposes new conditions that extend the exemption until 8 February 2018. This change was made following consultation with relevant authorities and public consultation, ensuring alignment with the Australian Government’s guidelines for ecologically sustainable fisheries management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets specimens that are or are derived from fish or invertebrates taken in the Western Australian Exmouth Gulf Prawn Managed Fishery, specifically excluding those specimens belonging to species listed under Part 13 of the Act. This legislative instrument applies to these specimens, ensuring they remain exempt from the trade control provisions applicable to regulated native specimens, provided they are taken lawfully. The geographic scope of this Act is national, impacting all fisheries within Australia that fall under the specified conditions. The instrument imposes conditions that the specimens must be lawfully taken and remain exempt until 8 February 2018. It extends the date to maintain the exemption, ensuring continued exportation of these specimens within the specified timeframe. Any exclusions or exemptions are clearly defined, with the primary exclusion being specimens belonging to species listed under Part 13 of the Act. This legislative instrument is subject to consultation requirements under the EPBC Act, ensuring appropriate stakeholders are engaged in the amendment process.
Key Provisions
The main operative sections of this legislation concern the amendment of the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC of the Act provides the authority for the Minister for Sustainability, Environment, Water, Population and Communities to amend the list. This particular legislative instrument revokes the existing conditions that apply to specimens derived from fish or invertebrates in the Western Australian Exmouth Gulf Prawn Managed Fishery, and replaces them with new conditions that extend the exemption period until 8 February 2018. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they are derived from fish or invertebrates and do not belong to species listed under Part 13 of the Act.
The obligations and requirements imposed by this Act are primarily on the Minister for Sustainability, Environment, Water, Population and Communities. Before making any amendments to the list, the Minister must consult with relevant ministers from other Commonwealth governments, as well as state and territory ministers, as deemed appropriate. Additionally, the Minister may consult with other relevant persons and organisations. In this instance, the Delegate of the Minister consulted with the Department of Fisheries Western Australia, which has management responsibilities for the fishery concerned. The proposal to amend the list was also advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, and interested parties were invited to provide comments within a 22-business-day period. However, no comments were received.
In terms of the consequences for breach, this legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences. However, it is important to note that any breach of the EPBC Act, including the unauthorised trade of specimens listed as exempt, could result in legal action. The penalties for contravening the EPBC Act can be substantial, including fines and imprisonment, depending on the nature and severity of the offence. The exact penalties would be determined by the courts based on the specific circumstances of any alleged breach.