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 Shark Bay Prawn Managed Fishery, as defined in the Shark Bay Prawn Management Plan 1993 in force under the Western Australian Fisheries 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 31 January 2018.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 31 January 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 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. 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 provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act was introduced to address the need for a comprehensive legal framework to manage and protect biodiversity, including native flora and fauna, and to regulate activities that could potentially harm the environment. The EPBC Act is administered by the Australian Parliament, with the objective of promoting ecologically sustainable development through the protection of the environment. This legislative instrument amends the list of exempt native specimens by including certain specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Prawn Managed Fishery. This amendment ensures that these specimens can continue to be exported until 31 January 2018, subject to specific conditions, such as the lawful taking of the specimens and their inclusion in the list until the specified date. The decision to amend the list was made in consultation with relevant authorities, including the Western Australian Department of Fisheries, and with due regard to 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 pertains to specimens of fish or invertebrates derived from the Western Australian Shark Bay Prawn Managed Fishery, provided they do not belong to species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list of exempt native specimens exempts them from the trade control provisions applicable to regulated native specimens. This exemption is contingent on the specimens being taken lawfully and is valid until 31 January 2018. The decision to include these specimens was informed by the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. The Minister for Sustainability, Environment, Water, Population and Communities, or their delegate, consulted with the Western Australian Department of Fisheries, which has management responsibilities for the fishery, and invited public comment on the proposal, though none was received. This legislative instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) permits the amendment of the list of exempt native specimens, which are exempt from the trade control provisions for regulated native specimens (section 303DB). This legislative instrument amends the list by including certain specimens that are or are derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, which are taken in the Western Australian Shark Bay Prawn Managed Fishery. This inclusion is contingent on two conditions: the specimens must have been taken lawfully, and they are listed until 31 January 2018.
The obligations imposed by this legislative instrument on the relevant parties include ensuring that any specimens included in the list of exempt native specimens were taken lawfully and adhere to the specified time frame until 31 January 2018. The Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant ministers and stakeholders, as required by subsection 303DC(3) of the EPBC Act, before amending the list. In this case, the Delegate of the Minister consulted with the Western Australian Department of Fisheries due to their management responsibilities over the fishery. Additionally, the proposal to amend the list was advertised on the Department's website, inviting comments from interested parties for 22 business days, although no comments were received.
Failure to comply with the provisions of this legislative instrument could result in various consequences, depending on the nature and severity of the breach. However, the explanatory statement does not explicitly mention any specific offences, penalties, or civil/criminal consequences. It is essential for parties and entities governed by this Act to adhere to the conditions set forth to avoid potential legal ramifications. The legislative instrument is compatible with human rights and freedoms as recognised in international instruments, and it commenced on the day after its registration on the Federal Register of Legislative Instruments.