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 Northern Territory Timor Reef Fishery, as defined in the as defined in the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations 1993.
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.
- The specimen is included on the list until 11 May 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 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 – 2nd edition. 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 Northern Territory Department of Primary Industry, Fisheries and Mines.
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/2008/18
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act aims to establish a framework for the protection of the environment and biodiversity through the regulation of activities that may have a significant impact. The problem or gap this Act addresses includes the need for a comprehensive approach to environmental protection that encompasses both terrestrial and marine ecosystems, ensuring that development and other activities are balanced with the need to preserve ecological integrity. This legislative instrument, F2008L01321, was issued under the authority of the Minister for the Environment and Heritage and amends the List of Exempt Native Specimens in accordance with Section 303DC of the Act. The policy objective is to facilitate the continued export of certain fish and invertebrate specimens taken in the Northern Territory Timor Reef Fishery, subject to specific conditions, while ensuring that the trade does not negatively impact the sustainability of the fishery. This amendment was made after considering the Australian Government’s Guidelines for the ecologically sustainable management of fisheries and following consultation with relevant stakeholders, including the Northern Territory Department of Primary Industry, Fisheries and Mines.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains specifically to the regulation of native specimens and their trade. This Act applies to entities and individuals involved in the trade of native specimens, including fish and invertebrate specimens, and it operates within the Commonwealth jurisdiction. The Act seeks to manage and regulate the trade of native specimens to ensure compliance with ecological sustainability criteria. Notably, specimens derived from fish or invertebrates, taken in the Northern Territory Timor Reef Fishery as defined in the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulations 1993, are added to the list of exempt native specimens, subject to specific conditions. These conditions include the requirement that the specimens must be lawfully taken and that their inclusion on the exempt list is temporary, expiring on 11 May 2013. This legislative amendment allows for the continued export of these specimens until the specified date, facilitating compliance with Australia’s guidelines for ecologically sustainable management of fisheries.
Key Provisions
The key provision of this legislation, according to section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), involves the establishment of a list of exempt native specimens. This list allows certain specimens to be exempt from the trade control provisions that apply to regulated native specimens. The specific amendment in this legislative instrument adds specimens taken from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, sourced from the Northern Territory Timor Reef Fishery as defined in the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations 1993. These specimens are included on the list subject to certain conditions.
The Act imposes obligations on the parties or entities it governs by stipulating that the specimens included on the list must be taken lawfully, and the inclusion is only valid until 11 May 2013. This means that any specimen listed must adhere to the legal requirements for taking such specimens, and the exemption only applies for a defined period. Additionally, the legislation requires consultation with relevant stakeholders, such as the Northern Territory Department of Primary Industry, Fisheries and Mines, to ensure that the inclusion of these specimens aligns with sustainable management practices.
Breaches of the conditions or requirements outlined in this legislation could lead to civil or criminal consequences. Although the specific penalties are not detailed in the text, under the broader framework of the Environment Protection and Biodiversity Conservation Act 1999, penalties for non-compliance can be significant. These may include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines in place.