EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Water Resources)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens. Specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- 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 West Coast Rock Lobster Limited Entry Fishery Notice 1993 and the Western Australian Fish Resources Management Act 1994.
The inclusion of the specimens in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
- The specimens are included on the list until 4 September 2012.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next five years.
In determining to include the above specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Jon Ford MLC, Western Australian Minister for Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Fisheries, Western Australia.
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/2007/09
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the protection of Australia's biodiversity and the management of activities that have a significant impact on it. This legislation was introduced by the Commonwealth Parliament to provide a comprehensive framework for the protection of the environment, including native flora and fauna, and to manage the trade and movement of native specimens. The Act aims to ensure that ecologically sustainable development is achieved through the protection of Australia's biodiversity and its values. The explanatory statement for the legislative instrument F2007L02699 details an amendment to the List of Exempt Native Specimens under Section 303DC of the Act, allowing for the continued export of certain fish and invertebrate specimens from the Western Australian Western Rock Lobster Fishery, provided they were taken lawfully and are not from species listed under Part 13 of the EPBC Act. This amendment is subject to specific notations and will remain in effect until 4 September 2012, reflecting the Australian Government’s Guidelines for 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 in accordance with Section 303DC applies to specimens that are or are derived from fish or invertebrates taken in the Western Australian Western Rock Lobster Fishery. This legislation is specific in its application to those specimens which are not listed under Part 13 of the Act, ensuring that only non-regulated species are included within its scope. The exemption is temporally limited, applying until 4 September 2012, and contingent upon the condition that the specimens were taken lawfully. The geographic reach of this Act is confined to the waters and fisheries management regime defined under the Western Australian West Coast Rock Lobster Limited Entry Fishery Notice 1993 and the Western Australian Fish Resources Management Act 1994. This amendment allows for the continued export of these specimens, facilitating trade compliance for the specified period. The Act extends its application through subordinate instruments, ensuring that all related regulations and guidelines are adhered to within the specified parameters.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (section 303DC). Specifically, the Act allows for the addition of certain specimens to the list of exempt native specimens (section 303DB), which in turn exempts these specimens from the trade control provisions that apply to regulated native specimens. This instrument seeks to add specimens from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian Western Rock Lobster Fishery (section 303DC(1)). These specimens are included on the list of exempt native specimens, subject to certain conditions and notations (section 303DC(2)).
The Act imposes several obligations and requirements on the parties involved. Firstly, for specimens to be exempt, they must be taken lawfully (section 303DC(2)). This means that the specimens must have been acquired in accordance with the laws governing the fishery in which they were taken. Secondly, the specimens are included on the list of exempt native specimens until 4 September 2012, providing a time-limited exemption (section 303DC(2)). Lastly, the inclusion of these specimens is subject to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, which establish criteria for assessing the sustainability of fisheries management arrangements (section 303DC(4)).
Regarding the consequences of breaching the provisions of this legislation, the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, as it is a legislative instrument under the Legislative Instruments Act 2003, any breach of the Act could potentially lead to enforcement actions by relevant authorities. The lack of specified penalties within this instrument suggests that the primary focus is on ensuring compliance through lawful acquisition and adherence to the guidelines for sustainable management. Non-compliance could result in the revocation of the exemption and subsequent regulatory oversight for the specimens in question.