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 are 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
- 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 South Australian Specimen Shell Fishery, as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 20000 and the Fisheries Management (General) Regulations 2007 in force under the Fisheries Management Act 2007,
and impose the following conditions to which the inclusion of the specimens in the list are 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 20 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 20 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 Western Australian Department of Fisheries and the Department of Primary Industries and Regions South Australia (PIRSA) as the Western Australian Department of Fisheries and PIRSA have management responsibilities for the fisheries concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Amendment (List of Exempt Native Specimens) Instrument 2015 (F2015L00702) amends the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The objective of this amendment is to facilitate the continued export of specimens derived from fish or invertebrates taken in the Western Australian Specimen Shell Managed Fishery and the South Australian Specimen Shell Fishery until 20 November 2015, by exempting these specimens from the trade control provisions that apply to regulated native specimens. The instrument revokes existing conditions and imposes new conditions that the specimens must be lawfully taken and remain included in the list until the specified date. This amendment was made in consultation with relevant Western Australian and South Australian government departments to ensure compliance with 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, implemented through legislative instrument F2015L00702, pertains to specimens of fish or invertebrates, excluding those species listed under Part 13 of the Act, taken from specific fisheries in Western Australia and South Australia. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens, thereby allowing their continued export. The specified conditions for these exemptions include that the specimens must be taken lawfully and the exemption applies until 20 November 2015. The changes made are based on the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of the fisheries in question meets certain ecological sustainability criteria. This legislative instrument reflects consultation with relevant state departments and is designed to manage the ecological impacts of the fisheries concerned while facilitating trade.
Key Provisions
The primary sections of this legislation, as per Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the amendment of the list of exempt native specimens. Specifically, Section 303DB establishes the list, while Section 303DC provides for its amendment. The Act allows for certain specimens to be exempt from trade control provisions if they are included in the list of exempt native specimens. This legislative instrument revokes existing conditions for certain fish and invertebrate specimens taken in specific fisheries and imposes new conditions that these specimens must be taken lawfully and remain exempt until 20 November 2015.
The Act imposes several obligations and requirements on the parties involved. Firstly, the specimens included in the list must be taken lawfully, ensuring that they comply with relevant fishing regulations and laws. Secondly, the specimens must be from fisheries managed under the Western Australian Fish Resources Management Act 1994 and the Fisheries Management Act 2007. Thirdly, the Minister for the Environment must consult with relevant Commonwealth ministers, state ministers, and other persons or organisations as appropriate before making any amendments to the list of exempt native specimens, as outlined in Section 303DC(3) of the EPBC Act.
Breaching the provisions of this legislation could lead to various civil and criminal consequences. Although the specific penalties are not detailed within this instrument, breaches of the EPBC Act generally may result in significant fines and potential imprisonment. The maximum penalties for offences under the EPBC Act can include fines of up to $1.1 million for individuals and up to $5.5 million for bodies corporate, along with imprisonment terms that can extend up to several years. These penalties underscore the importance of adhering to the conditions and requirements set forth by the Act to avoid severe legal repercussions.