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 include the following specimens in the list of exempt native specimens:
- 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 West Coast Deep Sea Crustacean Managed Fishery, as defined in the West Coast Deep Sea Crustacean Management Plan 2012 in force under the Western Australia Fish Resources Management Act 1994 and the Western Australia Fish Resources Management Regulations 1995
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 7 May 2013.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 7 May 2013.
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 Western Australian Department of Fisheries as the Western Australian Department of Fisheries has management responsibilities for the fishery concerned.
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 by the Australian Parliament to provide for the protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may impact it. One aspect of this Act involves the regulation of the trade of native specimens, with certain specimens being subject to trade control provisions and others being exempt. The F2013L00494 legislative instrument amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act, aiming to facilitate continued export of certain specimens until a specified date. This amendment addresses a gap in the regulation of the trade of native specimens by including certain fish and invertebrate specimens taken in the Western Australian West Coast Deep Sea Crustacean Managed Fishery within the list of exempt native specimens, subject to specific restrictions and conditions. The policy objective is to ensure that the trade of these specimens continues in an ecologically sustainable manner, as determined by the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries'.
Scope and Application
The F2013L00494 amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the addition of certain specimens to the list of exempt native specimens, thereby excluding them from the trade control provisions applicable to regulated native specimens. Specifically, the amendment includes specimens that are or are derived from fish or invertebrates, taken within the Western Australian West Coast Deep Sea Crustacean Managed Fishery, provided they are not from species listed under Part 13 of the EPBC Act. This inclusion is contingent on the specimens being taken lawfully and is effective until 7 May 2013. The decision to amend the list was influenced by the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition,' ensuring that the fishery's management arrangements are ecologically sustainable. The amendment also reflects the necessary consultation with relevant Commonwealth ministers, state ministers, and the Western Australian Department of Fisheries as per the EPBC Act requirements. This legislative instrument does not infringe upon any rights or freedoms and is consistent with human rights recognised in international instruments.
Key Provisions
The main operative sections of this legislation (Section 303DC) pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC provides for the establishment of such a list, with specimens included therein being exempt from the trade control provisions applicable to regulated native specimens. The primary effect of this instrument is the inclusion of certain specimens in this list, specifically those that are or are derived from fish or invertebrates, taken in the Western Australian West Coast Deep Sea Crustacean Managed Fishery, as defined in the West Coast Deep Sea Crustacean Management Plan 2012, and regulated under the Western Australia Fish Resources Management Act 1994 and the Western Australia Fish Resources Management Regulations 1995. However, this inclusion is subject to the conditions that the specimens were taken lawfully and that they remain in the list until 7 May 2013.
The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that any specimens included in the list of exempt native specimens must be derived from lawful fishing activities, ensuring that the management of these fisheries adheres to ecological sustainability criteria. Secondly, the Act requires consultation with relevant ministers and stakeholders, such as the Western Australian Department of Fisheries, before amending the list of exempt native specimens. This ensures that decisions about the ecological sustainability of fisheries management arrangements are well-informed and consider all relevant perspectives. Finally, the Act requires ongoing compliance with the restrictions and conditions set forth, such as the time limit of 7 May 2013 for the specimens to remain on the list.
In terms of offences, penalties, or consequences for breach, the Act does not explicitly outline specific civil or criminal penalties for non-compliance with the conditions and requirements of the list of exempt native specimens. However, general provisions within the EPBC Act and other related legislation may apply to breaches, which could result in fines, imprisonment, or other legal consequences. For instance, engaging in unlawful fishing activities could lead to penalties under the relevant state fisheries legislation, while failing to comply with the conditions of the list could result in administrative penalties or enforcement actions under the EPBC Act. The exact penalties would depend on the specific nature and severity of the breach, as well as the applicable laws and regulations.