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 (the 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 on the list of exempt native specimens on 14 April 2006 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 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.
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; and
- the specimens are included on the list until 1 December 2014.
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 1 December 2014.
In determining to include the specimens on 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.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment, Heritage and the Arts 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. The proposal to amend the list of exempt native specimens was advertised on DEWHA’s website and comment was invited from interested people for a period of 25 days. All comments received were taken into account in the decision to include the fishery on 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.
Unique Identifying Number: EPBC303DC/SFS/2009/47
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, heritage places, and biodiversity through a framework that facilitates ecologically sustainable development. The Act was introduced to address the need for comprehensive legislation that integrates environmental protection with economic activities. This particular amendment to the EPBC Act, specifically the F2009L04386 legislative instrument, was enacted by the Parliament of Australia to modify the list of exempt native specimens under Section 303DC. The amendment revokes previous conditions on the inclusion of certain fish and invertebrate specimens from the Western Tuna and Billfish Fishery on the list of exempt native specimens, and imposes new conditions that these specimens must be taken lawfully and remain on the list until 1 December 2014. This change is intended to facilitate continued export of these specimens, aligning with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list involved consultation with relevant Ministers and stakeholders, reflecting the policy objective of ensuring sustainable management practices in 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 of fish and invertebrates taken in the Western Tuna and Billfish Fishery, which are exempt from trade control provisions if they belong to species not listed under Part 13 of the EPBC Act. This legislative instrument modifies the conditions under which these specimens are exempt, revoking previous conditions and establishing new ones that require the specimens to have been taken lawfully and remain exempt until 1 December 2014. The amendment aims to facilitate the continued export of these specimens while considering the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument reflects consultation with relevant Commonwealth and state ministers, as well as the public, in line with the requirements of the EPBC Act. This legislative amendment is effective throughout Australia, aligning with the broader jurisdictional scope of the EPBC Act.
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 (the EPBC Act). Specifically, section 303DC allows for the establishment of a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. The legislative instrument modifies the conditions under which specimens from the Western Tuna and Billfish Fishery are exempt from these trade controls (section 303DB). The changes revoke previous conditions and impose new ones, allowing continued export of these specimens until 1 December 2014, provided that the specimens were taken lawfully and are not from species listed under Part 13 of the EPBC Act.
The Act imposes obligations on the parties involved, requiring that the specimens in question were taken lawfully and must comply with the Fisheries Management Act 1991, as defined by the Western Tuna and Billfish Fishery Management Plan 2005. The Minister for the Environment, Heritage and the Arts must also consult with relevant Commonwealth Ministers, state ministers, and other stakeholders before amending the list of exempt native specimens, ensuring a broad-based approach to ecological sustainability. The Minister must consider the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries in making these decisions, reflecting the importance of maintaining sustainable fisheries practices.
There are no explicit offences or penalties outlined in the legislative instrument itself, but any breaches of the conditions or obligations under the EPBC Act or the Fisheries Management Act 1991 could lead to civil or criminal consequences. For example, unauthorised trade or unlawful taking of specimens could result in penalties under relevant sections of the EPBC Act, including substantial fines and imprisonment. The exact penalties would depend on the specific breach and the relevant sections of the Act that were contravened. The Minister's consultation process ensures that all relevant stakeholders have an opportunity to comment on the proposed changes, thereby facilitating compliance and reducing the likelihood of breaches.