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 26 March 2009 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 EPBC Act, taken in the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, in force under the Western Australian Fish Resources Management Act 1994
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 31 August 2012.
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 31 August 2012.
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 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 Sustainability, Environment, Water, Population and Communities 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.
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 26 March 2012.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for comprehensive environmental protection and biodiversity conservation, aiming to provide for the national responsibility in relation to the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to fill a gap in addressing the comprehensive protection of the environment and biodiversity, ensuring that significant impacts on the environment are properly assessed and managed. The instrument in question, which amends the List of Exempt Native Specimens, was made in accordance with Section 303DC of the EPBC Act. The amendment seeks to revoke existing conditions and impose new ones to allow for the continued export of certain fish and invertebrate specimens derived from a specified fishery, subject to the specimens being taken lawfully and being included in the list until 31 August 2012. This change was made after appropriate consultations and consideration of 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 instrument amends the list of exempt native specimens, effectively exempting certain fish and invertebrate specimens taken in the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery under the Western Australian Fish Resources Management Act 1994 from trade control provisions. These specimens are exempt from the regulations that apply to other native specimens, provided they were taken lawfully and are included in the list until 31 August 2012. The amendment is consistent with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, and was made following appropriate consultation with relevant stakeholders, including the Western Australian Department of Fisheries and through a public comment period. This legislative instrument, which commenced on 26 March 2012, does not infringe on any rights or freedoms and is compatible with human rights as recognised in international instruments.
Key Provisions
The main operative sections of this legislation, specifically section 303DB of the Environment Protection and Biodiversity Conservation Act 1999, establish a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC provides the framework for the amendment of this list, while the current amendment specifically addresses the conditions surrounding the inclusion of certain specimens in this list. The amendment removes previous conditions and imposes new ones, effective as of 26 March 2009, stipulating that the specimens must be lawfully taken and will remain on the list until 31 August 2012.
In accordance with section 303DC(3) of the EPBC Act, the Minister for Sustainability, Environment, Water, Population and Communities, or their delegate, consulted with the Western Australian Department of Fisheries before making the decision to amend the list. This consultation was crucial due to the Department's management responsibilities for the fishery involved. Additionally, the proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities' website, inviting comments from interested parties for a period of 21 business days. All comments received were considered in the final decision.
The obligations and requirements imposed by this legislation primarily concern the lawful taking of specimens and the adherence to the imposed conditions. 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 Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, can be included in the list of exempt native specimens, provided they are taken lawfully and remain on the list until 31 August 2012. This allows for the continued export of these specimens within the specified conditions.
The legislation also outlines the consequences for breaches, although specific offences, penalties, or civil/criminal consequences are not detailed in the text. Under the general provisions of the EPBC Act, breaches of the trade control provisions could lead to civil or criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties can vary widely based on the specific provisions of the Act and the circumstances of the breach.