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 revoke the conditions to which the inclusion of the following item on the list of exempt native specimens on 25 May 2010 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 Act, taken in the Western Australian Specimen Shell Managed Fishery, as defined in the Western Australian Specimen Shell Management Plan 1995, 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 on the list until 20 May 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 20 May 2015.
In determining to include the specimens on 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 fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Environment Protection, Heritage and the Arts 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 proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 20 business days. No comments were received.
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.
Unique Identifying Number: EPBC303DC/SFS/2010/26
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a comprehensive framework for the protection of the Australian environment, with an emphasis on biodiversity conservation. The Act was introduced to address the need for a unified approach to environmental management, focusing on the protection of native species and ecosystems. Enacted by the Australian Parliament, the policy objective of the EPBC Act is to ensure the sustainable use and conservation of biodiversity while balancing economic development. This legislative instrument amends the list of exempt native specimens, allowing for the continued export of certain fish and invertebrate specimens taken in the Western Australian Specimen Shell Managed Fishery until 20 May 2015, subject to specific conditions that ensure lawful capture and ecological sustainability, as guided by 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 in accordance with Section 303DC targets specimens derived from fish or invertebrates taken in the Western Australian Specimen Shell Managed Fishery, excluding those belonging to species listed under Part 13 of the Act. This legislation applies to entities involved in the trade of these specimens, including individuals and businesses engaged in fishing and specimen export activities within the specified fishery. Geographically, its reach is nationwide, although the specific fishery is situated in Western Australia, aligning with the overarching aims of the Commonwealth’s ecological sustainability guidelines. The primary exclusion pertains to specimens belonging to species listed under Part 13 of the Act. This legislative instrument revokes previous conditions and imposes new ones, allowing continued export of these specimens until 20 May 2015, provided the specimens were taken lawfully. The instrument is underpinned by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the fishery management arrangements is maintained. The legislative process involved mandatory consultation with relevant ministers and public advertisement for feedback, though no comments were received. The instrument came into effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a provision under section 303DB for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list, and the legislative instrument F2010L01321 amends the list of exempt native specimens to revoke the conditions of a previously included item and impose new conditions. Specifically, the instrument removes the conditions attached to specimens derived from fish or invertebrates taken in the Western Australian Specimen Shell Managed Fishery, other than those species listed under Part 13 of the Act. Instead, it imposes conditions that the specimens must be taken lawfully and be included on the list until 20 May 2015.
The obligations imposed by this legislative instrument on the parties involved are primarily concerned with ensuring compliance with the new conditions set forth for the specimens on the list of exempt native specimens. The specimens must be derived from fish or invertebrates that were taken lawfully within the specified fishery. This means that any person or entity involved in the export or trade of these specimens must ensure that they meet the criteria of lawful taking as defined by relevant fisheries management arrangements. Additionally, any trade or export activities involving these specimens must be conducted in accordance with the new conditions until the specified date of 20 May 2015.
Breach of the conditions imposed by this legislative instrument could lead to various civil or criminal consequences. Under the EPBC Act, unauthorised trade or export of native specimens can result in substantial penalties. Specifically, for corporations, the maximum penalty for contravening the trade control provisions can be up to AUD 1.1 million, while individuals may face a maximum penalty of up to AUD 220,000. Furthermore, breaches could also result in additional civil penalties, such as fines or compensation orders, depending on the severity and impact of the violation. It is important for entities involved in the trade of these specimens to adhere to the legislative requirements to avoid these potential consequences.