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 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 1 December 2004 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 Act, taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery.
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;
- the specimens are included in the list until 9 November 2011;
- Operation of the North West Slope Trawl Fishery and the Western Deepwater Trawl Fishery will be carried out in accordance with the Western Trawl Fisheries Statement of Management Arrangements 2004 made under the Fisheries Management Act 1991;
- The Australian Fisheries Management Authority (AFMA) to inform the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) of any intended amendments to the management arrangements that may affect the assessment against the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.
- AFMA to produce and present reports to SEWPaC annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
- AFMA to ensure that management arrangements in the Western Deepwater Trawl Fishery are complementary to the AFMA’s School Shark Stock Rebuilding Strategy 2008.
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 9 November 2011.
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 fisheries’ management arrangements.
Subsection 303DC(3) of the Environment Protection and Biodiversity Conservation Act 1999 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 Australian Fisheries Management Authority as they have management responsibility for the fisheries concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2010/42
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for comprehensive protection of the nation’s environmental heritage. One of the key functions of this Act is to regulate the trade and movement of native specimens to ensure they are managed sustainably. This legislation establishes a list of exempt native specimens that are not subject to the trade control provisions that apply to regulated native specimens. The Act aims to balance environmental conservation with economic activities by providing specific guidelines and conditions under which certain native specimens can be traded. This amendment to the list of exempt native specimens seeks to address the ecological sustainability of certain fisheries, ensuring that the management of these fisheries aligns with the broader environmental objectives of the Act.
The instrument in question, which amends the list of exempt native specimens, was introduced to facilitate the continued export of certain fish and invertebrate specimens from the Western Deepwater Trawl Fishery and the North West Slope Trawl Fishery until 9 November 2011. This amendment was made in accordance with Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 and involved revoking previous conditions and imposing new ones. These new conditions include the requirement for specimens to be taken lawfully and for the fisheries to operate in line with specific management arrangements. Additionally, the Australian Fisheries Management Authority is mandated to inform relevant authorities of any changes to management arrangements and to submit annual reports. This legislative instrument was developed after appropriate consultations, as mandated by the Act, and is designed to support the ecologically sustainable management of fisheries while allowing for the continued export of certain specimens.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument amends the list of specimens exempt from trade controls under the Act. Specifically, it revokes conditions previously attached to the inclusion of specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery. This amendment imposes new conditions that these specimens must be lawfully taken, remain on the exempt list until 9 November 2011, and be managed in accordance with the Western Trawl Fisheries Statement of Management Arrangements 2004. The Australian Fisheries Management Authority (AFMA) is required to report annually to the Department of Sustainability, Environment, Water, Population and Communities and ensure that their management arrangements are consistent with the AFMA’s School Shark Stock Rebuilding Strategy 2008. This instrument is applicable nationally, and it extends the geographic and jurisdictional reach of the Act to include fisheries within the specified areas. The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, section 303DC of the Act provides for the establishment of this list, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. This instrument modifies the conditions under which certain fish and invertebrate specimens from the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery are included in the list of exempt native specimens. The amendments revoke existing conditions and impose new conditions that these specimens must meet to remain exempt until 9 November 2011. The new conditions include requirements that the specimens were taken lawfully, that they remain on the exempt list until the specified date, and that certain management and reporting requirements are met by the Australian Fisheries Management Authority (AFMA).
The obligations imposed by this Act on the relevant parties are multifaceted. AFMA is required to ensure that the management of the Western Deepwater Trawl Fishery and the North West Slope Trawl Fishery complies with the Western Trawl Fisheries Statement of Management Arrangements 2004. Furthermore, AFMA must inform the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) of any proposed amendments to the management arrangements that may impact the assessment of ecological sustainability. AFMA is also mandated to produce and present annual reports to SEWPaC as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition, and to ensure that the management arrangements in the Western Deepwater Trawl Fishery align with AFMA’s School Shark Stock Rebuilding Strategy 2008. These obligations are crucial for maintaining the ecological sustainability of the fisheries and ensuring compliance with the criteria set out in the Act.
Breach of the conditions set out in the Act may lead to significant civil and criminal consequences. Although the specific penalties are not detailed within the text, under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the Act can result in substantial fines and, in severe cases, imprisonment. The penalties vary depending on the nature and severity of the breach, with potential maximum penalties for corporate entities reaching into millions of Australian dollars. Additionally, individuals found in breach of the Act could face personal fines and imprisonment, depending on the specific provisions violated and the circumstances of the breach. The overarching aim of these potential penalties is to enforce compliance and protect the ecological integrity of the fisheries in question.