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 31 August 2009 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 West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, in force 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 31 August 2012.
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 31 August 2012.
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. 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 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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 26 March 2012.
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. The Act was introduced to address the need for a cohesive and comprehensive framework for environmental protection, integrating various aspects of biodiversity and ecological sustainability into a single legislative instrument. This Act empowers the Australian Government to manage activities that may have significant environmental impacts and to regulate the trade and movement of native species to ensure ecological sustainability. In accordance with Section 303DC of the EPBC Act, this legislative instrument, F2012L00674, amends the List of Exempt Native Specimens to allow continued export of certain specimens until 31 August 2012. The policy objective, as stated, is to facilitate the ecologically sustainable management of fisheries, ensuring that the trade of native specimens aligns with the Australian Government's guidelines for sustainable practices. The instrument was developed following consultations with relevant stakeholders, including the Western Australian Department of Fisheries, and public comment was considered in the final decision-making process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains to specimens derived from fish or invertebrates taken in the West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery under the Western Australian Fish Resources Management Act 1994. These specimens, excluding those belonging to species listed under Part 13 of the EPBC Act, are exempt from trade control provisions applicable to regulated native specimens. This amendment revokes previous conditions that subjected the inclusion of these specimens in the list to specific criteria and imposes new conditions: the specimens must be taken lawfully, and their inclusion in the list is valid until 31 August 2012. This change facilitates continued export of these specimens up until the specified date. The decision to amend the list was made after considering the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries and involved consultation with relevant authorities, including the Western Australian Department of Fisheries, and public comment. The legislative instrument, which commenced on 26 March 2012, does not infringe on any rights or freedoms and is consistent with international human rights standards.
Key Provisions
The legislative instrument primarily revises the conditions under which certain specimens are exempt from trade controls as outlined in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act, which pertains to the list of exempt native specimens, is amended to revoke the existing conditions on specimens derived from fish or invertebrates taken in the West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery in Western Australia. Instead, it imposes new conditions: the specimens must be derived from fish or invertebrates taken lawfully, and they are included in the list of exempt native specimens until 31 August 2012. This amendment aims to facilitate the continued export of these specimens until the specified date.
Under this legislative instrument, entities or individuals involved in the trade of these specimens must ensure that the specimens meet the newly imposed conditions. Specifically, they must verify that the specimens were taken lawfully and adhere to the time limitation imposed by the Act. This requirement places a responsibility on traders to maintain compliance with these criteria to avoid any potential legal repercussions. The Minister for Sustainability, Environment, Water, Population and Communities must also consult with relevant authorities, such as the Western Australian Department of Fisheries, before making amendments to the list of exempt native specimens. This consultation ensures that all stakeholders are informed and considered in the decision-making process.
Failure to comply with the conditions outlined in this legislative instrument may result in legal consequences. While the specific offences and penalties are not detailed in the Explanatory Statement, it is generally understood that breaches of the EPBC Act can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity of the breach. The exact penalties would be determined in accordance with the provisions of the EPBC Act and any other relevant legislation. It is essential for parties involved in the trade of these specimens to be fully aware of their obligations to avoid any legal consequences.