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 delete from the list of exempt native specimens the following specimens and any associated notations:
- 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 Western Rock Lobster Fishery, as defined in the management regime in force under the Western Australian Fish Resources Management Act 1994
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, amended through F2013L00090, seeks to modify the list of exempt native specimens under Section 303DB to address a specific gap in the existing regulatory framework. The Act, enacted by the Australian Parliament, aims to protect and conserve Australia's biodiversity and natural heritage. The problem addressed by this amendment is the need to refine the exemption criteria for native specimens, ensuring that regulatory controls are appropriately applied without unnecessary burden on legitimate activities. The policy objective, as stated in the Act, is to maintain a balanced approach to environmental protection while supporting sustainable practices within the fishing industry. This legislative instrument reflects the Minister's consultation with relevant stakeholders, including the Western Australian Department of Fisheries, to align with state management regimes and ensure effective biodiversity conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) is amended by this legislative instrument to revise the list of exempt native specimens, affecting the trade control provisions applicable to regulated native specimens. Specifically, the amendment removes from the list of exempt native specimens those specimens that are, or are derived from, fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the Western Australian Western Rock Lobster Fishery as defined by the Western Australian Fish Resources Management Act 1994. This change impacts the fishery management and trade regulations for these specimens within the specified jurisdiction. The amendment applies to persons and entities involved in the trade or management of these specimens, particularly within the Western Australian Western Rock Lobster Fishery. The instrument was enacted after appropriate consultations with relevant ministers and authorities, including the Western Australian Department of Fisheries. It applies on a Commonwealth level and aligns with national biodiversity conservation objectives while respecting jurisdictional management regimes.
Key Provisions
The primary operative section of this legislation, Section 303DC, pertains to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This section allows for the modification of the list by removing certain specimens that were previously exempt from the trade control provisions applicable to regulated native specimens (Section 303DB). Specifically, the amendment removes specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian Western Rock Lobster Fishery as defined under the Western Australian Fish Resources Management Act 1994.
The Act imposes obligations on the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant ministers and other persons or organisations deemed appropriate before making amendments to the list of exempt native specimens. In this case, the Minister's Delegate consulted with the Western Australian Department of Fisheries due to their management responsibilities over the fishery involved. This ensures that the decision to amend the list is informed by those with relevant expertise and authority.
The legislation does not explicitly state any specific offences or penalties for breaches related to these amendments. However, any failure to comply with the consultation requirements or other provisions of the EPBC Act could potentially lead to legal consequences, depending on the broader context of the Act and related regulations. Generally, breaches of the EPBC Act can result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and any applicable penalties under the Act or related legislation. The exact penalties would be determined based on the specific circumstances and relevant laws at the time of the breach.