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 25 January 2013 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 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
and imposing the following conditions to which 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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
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 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. 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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address environmental protection and biodiversity conservation issues across the nation. The Act provides a framework for the management and conservation of Australia's biodiversity and the protection of its environment. This particular legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act, specifically removing conditions for certain fish and invertebrate specimens derived from the Western Australian West Coast Rock Lobster Managed Fishery. This change allows for the continued export of these specimens without the need for export permits, provided they are taken lawfully and are part of an approved wildlife trade operation. The policy objective of this amendment is to ensure the ecological sustainability of the fishery, as guided by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders, including the Western Australian Department of Fisheries, before making this amendment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as enacted by F2013L00865, pertains to the regulation of trade for native specimens, specifically focusing on fish and invertebrate specimens taken from the Western Australian West Coast Rock Lobster Managed Fishery. This amendment exempts certain specimens from the trade control provisions applicable to regulated native specimens, provided they are lawfully taken and are covered by an approved wildlife trade operation declaration. The exemption aims to facilitate the continued export of these specimens without the need for export permits, thereby streamlining the trade process while ensuring compliance with ecological sustainability criteria. The instrument applies to the Commonwealth jurisdiction and requires consultation with relevant state authorities, as mandated by the EPBC Act, including advertising the proposal on the Department's website to invite public comment. This legislative instrument, which commenced upon registration, does not engage any rights or freedoms and is compatible with international human rights instruments.
Key Provisions
The primary sections involved in this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are Section 303DB and Section 303DC (3). Section 303DB establishes the list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. Section 303DC (3) outlines the process for amending the list of exempt native specimens, including the requirement for the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant ministers and stakeholders before making any amendments. This instrument specifically addresses the conditions under which certain specimens from the Western Australian West Coast Rock Lobster Managed Fishery can be included in the list of exempt native specimens.
The Act imposes specific obligations on the parties involved in the trade of these specimens. Firstly, it mandates that the specimens, or the fish or invertebrates from which they are derived, must be taken lawfully. This means that they must be harvested in accordance with the relevant fisheries management plan and any other applicable laws. Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. This declaration ensures that the trade of these specimens complies with the necessary wildlife trade regulations and promotes the ecologically sustainable management of the fishery.
Breaching the conditions specified in this legislative instrument could result in various civil or criminal consequences. Although the Act does not explicitly state the penalties for non-compliance, the general penalties for breaches of the EPBC Act can include fines and imprisonment. For instance, under Section 532 of the EPBC Act, individuals or corporations found guilty of contravening certain provisions can face fines of up to $1.1 million or imprisonment for up to five years, or both. Additionally, the Minister can seek an injunction to prevent further breaches, and non-compliance can also lead to the revocation of any wildlife trade operation declaration, thereby impacting the legal trade of these specimens.
In summary, this legislative instrument amends the list of exempt native specimens under the EPBC Act to allow the continued export of certain specimens from the Western Australian West Coast Rock Lobster Managed Fishery without export permits, provided they meet specific conditions. It imposes obligations on the lawful taking of specimens and the coverage under an approved wildlife trade operation declaration. Breaches of these conditions can lead to significant civil or criminal penalties, underscoring the importance of compliance with the Act's provisions.