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 include the following specimens in the list of exempt native specimens:
- 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 Australian Mackerel Fishery, as defined in the Mackerel Managed Fishery Management Plan 2011, made under the Western Australian Fish Resources Management Act 1994,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 17 November 2014.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 17 November 2014.
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.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens 2013 is an instrument designed to address a specific issue within the framework of Australia’s environmental legislation. Enacted to amend the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999, this legislation was introduced to facilitate the continued export of certain fish and invertebrate specimens from the Western Australian Mackerel Fishery. This measure is intended to align with the Australian Government’s guidelines for the ecologically sustainable management of fisheries, ensuring that the export of these specimens remains lawful and sustainable until 17 November 2014. The policy objective underpinning this amendment is to provide a temporary exemption from trade control provisions for specified specimens, thereby allowing for continued export activities that meet ecological sustainability criteria.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, which are taken in the Western Australian Mackerel Fishery as defined in the Mackerel Managed Fishery Management Plan 2011 under the Western Australian Fish Resources Management Act 1994. The inclusion of these specimens in the list of exempt native specimens exempts them from trade control provisions applicable to regulated native specimens. This exemption allows for continued export of these specimens until 17 November 2014, provided they were taken lawfully. The decision to include these specimens was made in accordance with the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition', which provides criteria for assessing the ecological sustainability of fishery management arrangements. Before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities was required to consult relevant Commonwealth ministers, state and territory ministers, and other persons and organisations deemed appropriate, with consultation in this instance involving the Western Australian Department of Fisheries due to their management responsibilities over the fishery. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation, specifically Section 303DC, pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB already provides for the establishment of this list, which exempts specified specimens from the trade control provisions that apply to regulated native specimens. The amendment adds certain fish and invertebrate specimens taken in the Western Australian Mackerel Fishery to this list, with the inclusion being subject to certain conditions and restrictions. The specimens must be taken lawfully and are included in the list until 17 November 2014. The listing is intended to facilitate the continued export of these specimens until the specified date.
The Act imposes several obligations and requirements on the parties involved. The Minister for Sustainability, Environment, Water, Population and Communities, or their delegate, must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before amending the list of exempt native specimens. In this case, the delegate consulted with the Western Australian Department of Fisheries, which has management responsibilities for the relevant fishery. Additionally, the inclusion of specimens in the list is contingent on them being taken lawfully and remaining listed until 17 November 2014. These requirements ensure that the amendment process is transparent and that the ecological sustainability of the fishery is considered.
Violations of the provisions under the EPBC Act may result in both civil and criminal consequences. While the specific offences and penalties are not detailed in this legislative instrument, the EPBC Act generally provides for substantial penalties for breaches of its provisions. For instance, unauthorised trade in native specimens can lead to criminal penalties including fines and imprisonment, with maximum penalties depending on the severity and circumstances of the offence. Civil penalties can also be imposed for breaches, which may include substantial fines. The Act’s provisions are designed to enforce compliance and protect the ecological integrity of the listed specimens.