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 Heritage)
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 Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2005, made under the Fisheries Management Act 1991.
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; and
- The specimen is included on the list until 1 December 2009.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens until 1 December 2009.
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 Ian Macdonald, Minister for Fisheries, Forestry and Conservation.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Australian Fisheries Management Authority.
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/2006/004
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 functions is to manage the trade of native specimens, distinguishing between those that are regulated and those that are exempt from such controls. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, aims to amend the list of exempt native specimens by adding certain fish and invertebrate specimens taken within the Western Tuna and Billfish Fishery, as outlined in the Western Tuna and Billfish Fishery Management Plan 2005. These additions are subject to specific conditions, ensuring that the specimens were taken lawfully and remain exempt until 1 December 2009. The decision to include these specimens aligns with the Australian Government's Guidelines for the ecologically sustainable management of fisheries, ensuring that the management of these resources remains ecologically sustainable. Consultation with relevant ministers and the Australian Fisheries Management Authority was conducted in line with the legislative requirements to facilitate this amendment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act, 1999 Amendment of the List of Exempt Native Specimens, issued under the authority of the Minister for the Environment and Heritage, pertains to the addition of certain fish and invertebrate specimens to the list of exempt native specimens. Specifically, it adds specimens from the Western Tuna and Billfish Fishery that are not part of species listed under Part 13 of the EPBC Act. These specimens are exempt from trade control provisions applicable to regulated native specimens. This exemption is contingent upon the specimens being taken lawfully and is effective until 1 December 2009. The amendment reflects the Australian Government's Guidelines for the ecologically sustainable management of fisheries and follows consultations with relevant Commonwealth, State, and Territory Ministers, as well as the Australian Fisheries Management Authority. The legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments, with a unique identifying number EPBC303DC/SFS/2006/004.
Key Provisions
The main operative sections of this legislative instrument (F2006L01460) under the Environment Protection and Biodiversity Conservation Act 1999, as amended by section 303DC, are concerned with the addition of certain specimens to the list of exempt native specimens. Specifically, section 303DB of the Act is amended to include fish or invertebrate specimens, other than those listed under Part 13 of the EPBC Act, taken within the Western Tuna and Billfish Fishery as defined in the Western Tuna and Billfish Fishery Management Plan 2005 (section 303DC(1)). This inclusion is conditional on the specimens being taken lawfully and being on the list until 1 December 2009 (section 303DC(2)). The amendment allows for the continued export of these specimens until the specified date, provided they meet the criteria of being taken lawfully and are not from species listed under Part 13 of the EPBC Act.
The obligations and requirements imposed by this legislation on the parties or entities it governs include adherence to the notations specified. Specifically, any fish or invertebrate specimens included on the list of exempt native specimens must be taken lawfully, as per section 303DC(2). Additionally, the specimens must be derived from the Western Tuna and Billfish Fishery and must not belong to species listed under Part 13 of the EPBC Act. The inclusion on the list is temporary, expiring on 1 December 2009, and must comply with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The Act also mandates consultation with relevant Ministers and authorities, including the Hon Ian Macdonald, Minister for Fisheries, Forestry and Conservation, and the Australian Fisheries Management Authority.
The legislation imposes civil and criminal consequences for breaches, although specific penalties are not detailed within the explanatory statement. However, breaches of the EPBC Act generally may result in substantial penalties. For corporations, the maximum penalties can include fines of up to $210,000 for individuals and up to $1.05 million for corporations, depending on the severity and nature of the breach. Additionally, individuals found guilty of serious offences may face imprisonment. The inclusion of specimens on the list without meeting the specified criteria, such as taking specimens unlawfully or beyond the permitted date, could lead to enforcement actions by relevant authorities.