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 include the following specimens in the list of exempt native specimens:
- 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, and
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)
taken in the Western Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2005 in force under the Commonwealth Fisheries Management Act 1991
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 28 November 2019.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, until 28 November 2019.
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 the Environment 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 the Environment consulted with the Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibility for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website and comment was invited from interested people for a period of 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
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.
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) Amendment of the List of Exempt Native Specimens 2014 was enacted to address a specific gap in the existing legislative framework regarding the trade of certain native specimens derived from the Western Tuna and Billfish Fishery. This legislative instrument was introduced to provide continuity in the export of these specimens without the need for export permits, while ensuring compliance with ecological sustainability guidelines. The instrument was enacted by the Minister for the Environment, in accordance with section 303DC of the EPBC Act, following consultations with relevant authorities and stakeholders, including the Australian Fisheries Management Authority. The policy objective was to facilitate lawful trade of these fishery-derived specimens, while maintaining ecological sustainability and adhering to international agreements such as CITES.
Scope and Application
The legislative instrument F2014L01593 amends the Environment Protection and Biodiversity Conservation Act 1999 by modifying the list of exempt native specimens as per Section 303DC. This amendment concerns specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA of the EPBC Act. The exemption applies specifically to specimens taken within the Western Tuna and Billfish Fishery, as defined by the Western Tuna and Billfish Fishery Management Plan 2005 under the Commonwealth Fisheries Management Act 1991. These specimens are included in the list of exempt native specimens until 28 November 2019, subject to the condition that they were taken lawfully. The amendment allows for the continued export of these specimens without the need for export permits during this period. The decision to amend the list was made following consultations with the Australian Fisheries Management Authority and public consultation via the Department of the Environment's website.
Key Provisions
Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the legislative basis for amending the list of exempt native specimens. This amendment instrument adds certain specimens derived from fish or invertebrates taken in the Western Tuna and Billfish Fishery to the list of exempt native specimens. These specimens are exempt from the trade control provisions applicable to regulated native specimens, subject to specific conditions (Section 303DB). The specimens must be lawfully taken and the exemption is valid until 28 November 2019.
The obligations imposed by this legislation primarily involve ensuring that any specimens derived from fish or invertebrates in the Western Tuna and Billfish Fishery are taken lawfully. The Minister for the Environment must consult with relevant Commonwealth ministers, state and territory ministers, and other stakeholders as appropriate before amending the list of exempt native specimens (Section 303DC(3)). In this case, consultation included the Australian Fisheries Management Authority and public comments invited via the Department of the Environment’s website. Additionally, the decision to list these specimens was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
The Act does not explicitly outline offences or penalties for breaches related to this amendment. However, any breaches of the EPBC Act’s trade control provisions or illegal taking of specimens could result in civil or criminal penalties. Under the EPBC Act, unauthorised trade in native specimens can lead to substantial fines and imprisonment. Specifically, the maximum penalty for contravening trade control provisions can be up to five years imprisonment and fines of up to $330,000 for individuals, or $1.65 million for corporations, as stipulated in Section 519 of the Act. These penalties underscore the importance of complying with the conditions set for the exemption of certain specimens from trade controls.