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, Heritage and the Arts)
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, taken in the New South Wales Ocean Hauling Fishery, as defined in the Fishery Management Strategy for the Ocean Hauling Fishery made under the New South Wales Fisheries Management Act 1994, other than specimens belonging to an eligible listed threatened species.
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 2008.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next three months.
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.
Consultation was undertaken in accordance with subsection 303DC(3) of the EPBC Act. This subsection requires consultation to take place with other Ministers (including Ministers of States and self-governing Territories) and other such persons and organisations, as considered appropriate. In this instance, consultation took place with the New South Wales Department of Primary Industries. In addition, notice of the proposal to include the specimens on the list was published on the Department’s internet site and persons who have previously indicated an interest in the fishery (or fisheries of a particular State or Territory) were invited to comment on the proposal as part of a 20 day public consultation period. Comments received during this period were taken into account in deciding to amend the list to include the specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on 25 April 2008.
Unique Identifying Number: EPBC303DC/SFS/2008/014
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia. This Act aims to safeguard Australia's unique biodiversity and ecosystems, ensuring they are not adversely affected by human activities. The Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative framework was introduced by the Australian Parliament to fill the gap in existing environmental regulations by providing a cohesive approach to biodiversity conservation. In line with the policy objective of ecologically sustainable development, the Act allows for the amendment of the List of Exempt Native Specimens to ensure that certain specimens can be traded without restrictive controls, provided they are taken lawfully and do not belong to a listed threatened species. The legislative instrument in question, issued under the authority of the Minister for the Environment, Heritage and the Arts, adds specific specimens derived from fish or invertebrates in the New South Wales Ocean Hauling Fishery to this list, subject to certain conditions and a temporary inclusion period until 25 July 2008.
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, Heritage and the Arts, pertains to specimens of fish or invertebrates derived from the New South Wales Ocean Hauling Fishery. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they are not derived from an eligible listed threatened species. This legislative instrument adds such specimens to the list of exempt native specimens, contingent on the conditions that they were taken lawfully and remain listed until 25 July 2008. The decision to amend the list was influenced by the Australian Government’s Guidelines for the ecologically sustainable management of fisheries and involved consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and a public consultation period. This legislative instrument, which commenced on 25 April 2008, extends the application of the Environment Protection and Biodiversity Conservation Act 1999 by modifying the list of exempt native specimens, thereby allowing continued export of the specified specimens for a limited period.
Key Provisions
The primary operative sections of this legislation pertain to Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), which provides for the establishment of a list of exempt native specimens (Section 303DC). This instrument specifically adds certain specimens derived from fish or invertebrates taken in the New South Wales Ocean Hauling Fishery, excluding those belonging to eligible listed threatened species, to this list of exempt native specimens. The addition is subject to certain conditions, such as the specimens being lawfully taken and the inclusion being effective until 25 July 2008. The aim of this amendment is to facilitate the continued export of these specimens for a limited period.
The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, any specimens included in the list of exempt native specimens must be taken lawfully, ensuring compliance with existing fisheries regulations. Additionally, entities involved in the export of these specimens must adhere to the conditions specified in the instrument, particularly the time frame until 25 July 2008. The Act also mandates consultation with relevant stakeholders, such as the New South Wales Department of Primary Industries, and requires public notification and feedback during the decision-making process.
In terms of consequences for breach, the Act does not explicitly outline offences, penalties, or civil/criminal consequences in the provided text. However, failure to comply with the conditions for the exemption or to adhere to lawful taking requirements could potentially result in the specimens being subject to the trade control provisions that apply to regulated native specimens. This could lead to legal action under the Act, although the specific penalties are not detailed in the explanatory statement. The legislative instrument is designed to ensure that the ecological sustainability of the fishery is maintained while allowing for a temporary exemption on exports.