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 Rock Lobster Managed Fishery as defined in the Western Australian West Coast Rock Lobster Managed Fishery Management Plan 2012 in force under the Western Australian Fish Resources Management Act 1994,
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 11 April 2013.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 11 April 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 was enacted by the Australian Parliament to provide for the protection of the environment and biodiversity, particularly through the regulation of activities that may have a significant impact on the environment. This legislation aims to fill the gap in existing laws by offering a national framework for the protection of the environment, particularly in relation to biodiversity conservation and the management of activities that may affect it. In this context, the Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, introduced by the Minister for Sustainability, Environment, Water, Population and Communities, serves to amend the list of exempt native specimens in accordance with Section 303DC. This amendment allows for the continued export of certain specimens until a specified date, subject to certain conditions, as part of the Australian Government's commitment to 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, as outlined in the explanatory statement, pertains to specimens derived from fish or invertebrates taken in the Western Australian West Coast Rock Lobster Managed Fishery. This amendment exempts these specimens from the trade control provisions applicable to regulated native specimens, provided they are not species listed under Part 13 of the EPBC Act. This exemption is subject to the condition that the specimens or the fish or invertebrate from which they are derived were taken lawfully and are included in the list until 11 April 2013. This legislative instrument is applicable to entities and individuals involved in the trade of these specified specimens within the defined fishery, operating under the jurisdictional reach of the Commonwealth as per the EPBC Act. The amendment does not extend beyond the specified date or to species listed under Part 13 of the EPBC Act. The Minister for Sustainability, Environment, Water, Population and Communities, in accordance with subsection 303DC(3) of the EPBC Act, consulted with relevant stakeholders including the Western Australian Department of Fisheries before making this amendment. This legislative instrument is compatible with human rights and freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011 and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the legislation, F2013L00089, pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC of the EPBC Act provides the authority for the Minister to establish a list of exempt native specimens. This instrument amends that list to include specimens that are or are derived from fish or invertebrates, other than those species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Rock Lobster Managed Fishery as defined in the Western Australian West Coast Rock Lobster Managed Fishery Management Plan 2012, in force under the Western Australian Fish Resources Management Act 1994. This inclusion is subject to the conditions that the specimens were taken lawfully and remain in the list until 11 April 2013.
The obligations imposed by this legislation are primarily on those involved in the management and export of these specimens. Firstly, it mandates that any specimens included in the list must be taken lawfully. This ensures that the fishery’s management practices comply with applicable laws and regulations, maintaining the sustainability and ecological integrity of the fishery. Secondly, the inclusion of specimens in the list is temporary, lasting only until 11 April 2013, thus requiring adherence to this timeframe. The Minister for Sustainability, Environment, Water, Population and Communities, or their delegate, must also consult with relevant stakeholders, such as the Western Australian Department of Fisheries, before making amendments to the list of exempt native specimens.
The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is implicit that any unlawful taking or export of specimens would be subject to the general provisions of the EPBC Act, which could result in civil or criminal penalties. These penalties may include fines and imprisonment, depending on the severity of the breach. Additionally, any failure to comply with the conditions of the exemption, such as not adhering to the lawful taking requirement or the specified timeframe, could lead to the specimens being subject to the trade control provisions that the exemption seeks to avoid.