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 item in the list of exempt native specimens on 30 May 2012 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 Trochus Fishery
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 17 August 2017.
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 17 August 2017.
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 Department of Fisheries Western Australia as the Department of Fisheries Western Australia 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 20 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.
Unique Identifying Number: EPBC303DC/SFS/2012/41
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation aims to address the need for comprehensive environmental protection, including the regulation of activities that may have a significant impact on the environment, biodiversity, and heritage. The Act empowers the Commonwealth to manage and regulate activities that may affect the environment, particularly those that are of national significance. In accordance with Section 303DC of the EPBC Act, an amendment to the list of exempt native specimens was introduced to address specific ecological and regulatory concerns associated with the Western Australian Trochus Fishery. The amendment was made to facilitate the continued export of specimens derived from this fishery under certain conditions, while ensuring that these activities remain ecologically sustainable and lawful. The amendment was enacted by the Minister for Sustainability, Environment, Water, Population and Communities, following consultation with relevant authorities and stakeholders, as mandated by the EPBC Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) amendment pertains to the list of exempt native specimens, specifically concerning specimens derived from fish or invertebrates taken in the Western Australian Trochus Fishery. This legislative instrument revokes the previous conditions for exemption and imposes new conditions, such as the lawful taking of specimens and their inclusion in the list until 17 August 2017. This amendment applies to entities and persons involved in the trade of these specimens, ensuring that they can continue to export them under the specified conditions. Geographically, the amendment applies within the Commonwealth of Australia, specifically targeting the Western Australian Trochus Fishery. The legislative instrument is a response to the Australian Government’s guidelines for the ecologically sustainable management of fisheries and was developed after appropriate consultation with relevant authorities and stakeholders, including the Department of Fisheries Western Australia. The amendment is compatible with existing human rights and freedoms and is effective from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main provisions of this legislative instrument involve amendments to the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, this instrument revokes any existing conditions on the inclusion of specimens derived from fish or invertebrates taken in the Western Australian Trochus Fishery in the list of exempt native specimens, and imposes new conditions on their inclusion (Section 303DC). The new conditions require that these specimens were taken lawfully and that they remain on the list until 17 August 2017. This allows for the continued export of these specimens until the specified date.
The obligations and requirements imposed by this Act on the parties involved primarily concern the lawful taking of specimens and the adherence to the new conditions set forth. Entities and individuals involved in the export of these specimens must ensure that the specimens were taken in accordance with applicable laws and regulations. Additionally, they must comply with the condition that the specimens remain on the list of exempt native specimens until 17 August 2017. The Minister for Sustainability, Environment, Water, Population and Communities has fulfilled the consultation requirements by engaging with the Department of Fisheries Western Australia and inviting public comment, although no comments were received in this instance.
Breach of the provisions of this legislative instrument may result in both civil and criminal consequences. While the specific offences are not detailed in the text, the overarching EPBC Act includes provisions for penalties associated with violations of its trade control provisions. Under the Act, individuals or entities that contravene the trade control provisions could face significant penalties. For example, under Section 489 of the EPBC Act, individuals can be fined up to $330,000 or face imprisonment for up to five years, or both, for serious or repeated breaches. Corporations may face even higher fines, up to $1.65 million, depending on the severity and nature of the breach. These penalties underscore the importance of compliance with the Act’s requirements and conditions.