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 (the 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, and
specimens that belong to taxa listed under section 303CA of the EPBC Act,
taken in the Western Australian Marine Aquarium Fish Managed Fishery, as defined in the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995, and in accordance with permits issued 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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens while an approved wildlife trade operation declaration for the fishery is in force.
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. 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 22 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 the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect Australia's environment, including its biodiversity, from significant impacts. This Act was introduced by the Australian Parliament and aims to provide for the protection of the environment, particularly by regulating activities that may have a significant impact on matters of national environmental significance. In line with this objective, the Act includes provisions for the management of native specimens, ensuring that trade in such specimens does not negatively impact biodiversity. This legislative instrument, F2013L00007, amends the List of Exempt Native Specimens under section 303DC of the EPBC Act to include certain specimens derived from fish or invertebrates taken in the Western Australian Marine Aquarium Fish Managed Fishery, subject to specific conditions. This amendment facilitates continued export of these specimens while an approved wildlife trade operation declaration for the fishery is in force, ensuring compliance with both local and international environmental regulations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the list of exempt native specimens under Section 303DC of the Act, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. Specifically, the amendment includes specimens that are or are derived from fish or invertebrates taken in the Western Australian Marine Aquarium Fish Managed Fishery, as defined by the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995, provided they are taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. However, this exemption does not apply to specimens belonging to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act. The amendment is subject to consultation with relevant stakeholders, including the Western Australian Department of Fisheries, and public comment as mandated by the EPBC Act. This legislative instrument, registered under the Legislative Instruments Act 2003, is effective from the day after its registration on the Federal Register of Legislative Instruments and does not infringe on any rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The legislation under consideration amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding certain specimens to the list of exempt native specimens as per section 303DB. Specifically, the specimens added are those of fish or invertebrates, taken within the Western Australian Marine Aquarium Fish Managed Fishery, as defined under the Western Australian Fish Resources Management Act 1994 and its accompanying regulations. These specimens are exempt from trade control provisions applicable to regulated native specimens, provided they meet two conditions: they must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery (subsection 303DC(2)). This inclusion is aimed at facilitating the continued export of these specimens while ensuring that the management of the fishery aligns with ecologically sustainable practices.
The obligations imposed by this amendment include ensuring that the specimens are taken in accordance with the Western Australian Fish Resources Management Act 1994 and that they are covered by a valid declaration from an approved wildlife trade operation. The specimens must also be derived from fish or invertebrates that are not listed under Part 13 of the EPBC Act or under section 303CA of the EPBC Act. The Minister for Sustainability, Environment, Water, Population and Communities is required to consult relevant ministers and authorities, including the Western Australian Department of Fisheries, before making any amendments to the list of exempt native specimens. 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, which were subsequently considered in the decision-making process.
Failure to comply with the requirements of this amendment may result in legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally can lead to both civil and criminal penalties. Civil penalties can include substantial fines, with the exact amount depending on the nature and severity of the offence. For criminal offences, penalties can include imprisonment, reflecting the seriousness of contravening environmental protection and biodiversity conservation laws. The maximum penalties are outlined in the EPBC Act and can vary based on the specific provision breached and the circumstances of the offence.