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 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 26 April 2012;
- the Australian Fisheries Management Authority to inform the Department of Sustainability, Environment, Water, Population and Communities of any intended amendments to the management arrangements that may affect the assessment against the criteria on which EPBC Act decisions are based; and
- the Australian Fisheries Management Authority to ensure that management arrangements in the Western Deepwater Trawl Fishery are complementary to the Australian Fisheries Management Authority’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 26 April 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 fisheries’ 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 Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibilities 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. One of its provisions, Section 303DB, allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. The purpose of the legislation in question, F2011L02276, is to amend this list of exempt native specimens by revoking certain conditions previously imposed on specimens derived from fish or invertebrates taken in specific fisheries, and to impose new conditions to ensure the ecological sustainability of these fisheries. This legislative instrument was enacted by the Australian Government, and its policy objective is to allow continued export of these specimens while ensuring that the management of the relevant fisheries aligns with the Australian Government’s guidelines for ecologically sustainable management. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment pertains to the adjustment of the list of exempt native specimens under Section 303DB, which outlines the criteria for specimens exempt from trade control provisions applicable to regulated native specimens. Specifically, this amendment concerns the removal of conditions for 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. These specimens, if they meet certain criteria, will remain exempt until 26 April 2012. The new conditions require the specimens to be derived lawfully and mandate the Australian Fisheries Management Authority to maintain alignment with the School Shark Stock Rebuilding Strategy 2008 while ensuring that any changes to management arrangements are communicated to the Department of Sustainability, Environment, Water, Population and Communities. This amendment reflects the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the relevant fisheries’ management.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the list of exempt native specimens in accordance with Section 303DC involves modifying the list of specimens exempt from trade control provisions (s 303DB). The amendment specifically addresses specimens taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery, excluding those belonging to species listed under Part 13 of the Act. The revision revokes previous conditions that were imposed when these specimens were first listed on 1 December 2004 and introduces new conditions to which their inclusion is now subject. These new conditions include the requirement that the specimens were taken lawfully, their inclusion in the list until 26 April 2012, and obligations for the Australian Fisheries Management Authority (AFMA) to keep relevant government departments informed of any changes in management arrangements that may affect ecological sustainability assessments. Furthermore, AFMA must ensure that the management arrangements for the Western Deepwater Trawl Fishery align with the AFMA's School Shark Stock Rebuilding Strategy 2008.
The Act imposes several obligations on the parties involved. Firstly, the specimens must be taken lawfully, ensuring compliance with all applicable fishing regulations and laws. The inclusion of the specimens in the list of exempt native specimens is temporary, extending only until 26 April 2012. AFMA is mandated to communicate any intended amendments to the management arrangements to the Department of Sustainability, Environment, Water, Population and Communities, ensuring transparency and continuity in ecological assessments. Additionally, AFMA must ensure that the Western Deepwater Trawl Fishery's management arrangements are consistent with the objectives of the School Shark Stock Rebuilding Strategy 2008, promoting the sustainable management of fish stocks.
Failure to comply with the provisions of the EPBC Act can lead to significant consequences. The Act stipulates that any breaches may result in both civil and criminal penalties. Under the EPBC Act, individuals and entities found in violation of the Act's provisions may face substantial fines. The maximum penalties for contravening the Act can be substantial, reflecting the seriousness with which the Act regards the protection of native species and the maintenance of ecological sustainability. Such penalties are intended to deter non-compliance and enforce adherence to the ecological management criteria established by the Act.