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 delete from the list of exempt native specimens the following specimens and any associated notations:
- Specimens that are or are derived from fish or invertebrates, taken in the Western Australian Shark Bay Scallop Managed Fishery, as defined in the Shark Bay Scallop Management Plan 1994 made under the Fish Resources Management Act 1994 (WA), other than specimens belonging to an eligible listed threatened species.
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 address the need for a comprehensive framework for the protection of the environment, particularly with regard to biodiversity conservation and the management of activities that may impact upon it. This Act provides for the establishment and maintenance of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The 2013 amendment to this Act, specifically F2013L00127, was introduced to modify this list by removing certain specimens from the exempt category. This legislative instrument was developed under the authority of the Legislative Instruments Act 2003, and the policy objective was to ensure appropriate consultation with relevant stakeholders, including the Western Australian Department of Fisheries, before making amendments to the list. The instrument was also advertised for public comment, although no comments were received. This amendment ensures that the EPBC Act continues to effectively balance conservation efforts with economic activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities that may impact on matters of national environmental significance, including native specimens. This particular amendment, F2013L00127, focuses on the list of exempt native specimens, removing certain specimens from this list. Specifically, the amendment removes specimens taken from the Western Australian Shark Bay Scallop Managed Fishery, excluding those belonging to an eligible listed threatened species, from the list of exempt native specimens. The removal of these specimens means that they are no longer exempt from the trade control provisions that apply to regulated native specimens. The amendment extends its application nationally as it pertains to the EPBC Act, which is a Commonwealth Act. Prior to implementing the amendment, the Minister for Sustainability, Environment, Water, Population and Communities engaged in consultation with relevant stakeholders, including the Western Australian Department of Fisheries, and advertised the proposal on the Department’s website to invite public comment. This legislative instrument is compatible with the human rights and freedoms recognised in relevant international instruments and did not engage any of the applicable rights or freedoms.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as amended by the F2013L00127 instrument, operates by modifying the list of exempt native specimens (section 303DB). The main change in this instrument is the removal of certain specimens from the list of exempt native specimens. Specifically, specimens that are or derived from fish or invertebrates, taken in the Western Australian Shark Bay Scallop Managed Fishery, are no longer exempt from trade control provisions, unless they belong to an eligible listed threatened species (section 303DC). This amendment affects the management of these specimens under the EPBC Act, making them subject to the same trade control provisions as other regulated native specimens.
In terms of obligations, the Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant ministers from other jurisdictions and other stakeholders before amending the list of exempt native specimens (subsection 303DC(3)). In this instance, the Delegate of the Minister consulted with the Western Australian Department of Fisheries, which has management responsibilities for the fishery in question, and the proposal to amend the list was advertised on the Department’s website, inviting comments from interested parties for 22 business days. This ensures that the amendment process is transparent and that relevant stakeholders have the opportunity to provide input.
Breaches of the trade control provisions for regulated native specimens under the EPBC Act can result in both civil and criminal penalties. Civil penalties can include fines of up to $330,000 for individuals and $1.65 million for corporations, as outlined in section 528 of the Act. Additionally, criminal offences under section 529 can lead to imprisonment for up to five years for individuals and fines of up to $330,000 for corporations. These penalties underscore the seriousness with which the Act treats violations related to the trade of native specimens.