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 items in the list of exempt native specimens 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 Western Australian South Coast Crustacean Fishery
- 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 Fishery Management Plan 2011, made under the Western Australian Fish Resources Management Act 1994
- 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 South Coast Salmon Managed Fishery, as defined in the Western Australian South Coast Salmon Fishery Management Plan 1982, made under the Western Australian Fish Resources Management Act 1994
- 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 South West Coast Salmon Managed Fishery, as defined in the Western Australian South West Coast Salmon Fishery Management Plan 1982, made 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 13 November 2015.
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 13 November 2015. The only effect of this amendment is to extend this date.
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 the Environment 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 the Environment consulted with the Department of Fisheries Western Australia as the Department of Fisheries Western Australia 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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
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 across the nation. This legislation serves to regulate activities that may impact the environment and biodiversity, providing a framework for the sustainable use of natural resources. One aspect of the EPBC Act is the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens by revoking existing conditions and imposing new ones, specifically relating to specimens derived from fish or invertebrates taken in certain Western Australian fisheries. This change allows for continued export of these specimens until a specified date, while ensuring that the management of these fisheries aligns with the Australian Government's guidelines for ecologically sustainable management. The policy objective is to balance the economic benefits of the fisheries with the need to protect and conserve Australia's biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens targets specimens that are or are derived from fish or invertebrates, with specific exclusions for species listed under Part 13 of the EPBC Act. This legislation applies to specimens taken from designated fisheries in Western Australia, including the South Coast Crustacean Fishery, the Mackerel Fishery, the South Coast Salmon Managed Fishery, and the South West Coast Salmon Managed Fishery. The purpose of this amendment is to ensure that these specimens remain exempt from trade control provisions until 13 November 2015, provided they are taken lawfully. This amendment extends the previously set date and is subject to consultation with relevant Commonwealth and state ministers, as well as the Department of Fisheries Western Australia. The instrument is effective from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The key operative sections of this legislation (sections 303DC(3) and 303DB) pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC(3) requires the Minister for the Environment to consult relevant ministers and authorities before amending the list, while section 303DB establishes the list of exempt native specimens. This particular legislative instrument amends the list to revoke conditions previously imposed on certain specimens taken from specific fisheries in Western Australia and replaces them with new conditions, thereby allowing continued export of these specimens until 13 November 2015.
The obligations and requirements imposed by this Act primarily focus on ensuring that the specimens included in the list of exempt native specimens are taken lawfully and that they remain exempt until the specified date. The Act mandates that any specimens included in the list must be derived from fish or invertebrates taken in the specified Western Australian fisheries, excluding those belonging to species listed under Part 13 of the EPBC Act. These conditions are meant to ensure that the ecological sustainability of the fisheries is maintained while allowing the continued export of specimens under regulated conditions.
Under the Act, there are no specific offences or penalties outlined for breaches of the conditions imposed on the inclusion of specimens in the list of exempt native specimens. However, the Act is part of a broader legislative framework that includes provisions for penalties and enforcement. For instance, under the EPBC Act, unauthorised actions that may affect listed species or ecological communities can result in criminal penalties, including fines of up to $210,000 for individuals and $1.05 million for corporations, as well as imprisonment for up to five years. Additionally, civil penalties can be imposed for breaches of the Act, which can include substantial fines and other remedies as deemed appropriate by the court.
The inclusion of these specimens in the list of exempt native specimens is based on the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. This ensures that the criteria for assessing the ecological sustainability of the relevant fishery's management arrangements have been considered, thereby aligning with broader environmental protection objectives.