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 on 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 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 New South Wales Estuary General Fishery, as defined in the Fishery Management Strategy for the Estuary General Fishery made under the New South Wales Fisheries 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; and
- The specimen is included on the list until 25 July 2013.
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 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 must consult such other Minister or Ministers, including a Minister or Ministers of each State and self-governing Territory and such other persons and organizations as the Minister considers appropriate. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the New South Wales Minister for Primary Industry and Water and the New South Wales Department of Primary Industry and Water as the Minister and Department have management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment, Water, Heritage and the Arts’ website and comment was invited from interested people for a period of 20 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: EBPC303DC/SFS/2008/022
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a unified approach to the protection of the environment, particularly biodiversity, and the management of activities that may have significant environmental impacts. This Act provides for the establishment of a list of exempt native specimens to manage the trade of native specimens, ensuring that certain activities do not unnecessarily impede ecological sustainability. In 2008, the Act was amended to include certain fish and invertebrate specimens from the New South Wales Estuary General Fishery in the list of exempt native specimens, subject to specific conditions. This amendment aimed to facilitate the continued lawful export of these specimens until 25 July 2013, in alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to include these specimens was made after consulting relevant stakeholders, including the New South Wales Minister for Primary Industry and Water and the New South Wales Department of Primary Industry and Water, and inviting public comment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the conservation and protection of native species and ecosystems, including the regulation of their trade. This particular amendment, F2008L02729, pertains to the list of exempt native specimens under Section 303DB of the Act, which exempts certain specimens from the trade control provisions applicable to regulated native specimens. This legislative instrument includes specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Estuary General Fishery. These inclusions are subject to the condition that the specimens were taken lawfully and remain on the list until 25 July 2013. The decision to amend the list was made in consultation with the New South Wales Minister for Primary Industry and Water, the New South Wales Department of Primary Industry and Water, and other relevant stakeholders, in accordance with the requirements of the EPBC Act. This amendment facilitates the continued export of these specimens for five years, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) facilitates the establishment of a list of exempt native specimens. This list exempts certain specimens from the trade control provisions applicable to regulated native specimens. Pursuant to this section, the legislation amends the list to include fish or invertebrate specimens taken in the New South Wales Estuary General Fishery, as defined in the Fishery Management Strategy for the Estuary General Fishery under the New South Wales Fisheries Management Act 1994. However, these specimens are excluded if they belong to species listed under Part 13 of the EPBC Act.
The obligations imposed by this legislation are primarily on the entities managing and engaging in the New South Wales Estuary General Fishery. It requires that any specimens taken must be lawfully obtained and that they remain on the exempt list until 25 July 2013. This allows for continued export of these specimens for the next five years, facilitating trade while ensuring ecological sustainability as per the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
Before amending the list of exempt native specimens, the Minister must consult with relevant ministers and stakeholders, as stipulated in subsection 303DC(3) of the EPBC Act. In this case, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the New South Wales Minister for Primary Industry and Water and the New South Wales Department of Primary Industry and Water. Additionally, the proposal was advertised on the Department’s website, inviting comments from interested parties for a period of 20 days. All received comments were considered in the decision-making process.
The legislation also outlines potential consequences for non-compliance. While specific offences, penalties, or civil/criminal consequences are not detailed in the text, breaches of the EPBC Act can generally lead to enforcement actions, including fines and imprisonment. The severity of penalties can vary depending on the nature and extent of the breach, with maximum penalties potentially applying for significant or repeated violations.