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 delete the following item from the list of exempt native specimens the following specimens and associated notations:
- 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 Southern Bluefin Tuna Fishery, as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 (as amended) made under the Fisheries Management Act 1991.
The inclusion of the specimens in the list was subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
- The specimens are included on the list until 22 February 2008.
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/2008/05
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a unified national approach to the protection and conservation of the environment, including biodiversity. This Act is administered by the Commonwealth Parliament and aims to provide a framework for the protection of the environment, particularly focusing on the conservation of biodiversity and ecological communities. The Act plays a crucial role in regulating activities that may impact the environment and biodiversity, ensuring that sustainable practices are upheld. This legislative instrument, which amends the list of exempt native specimens under Section 303DC of the EPBC Act, aims to refine the scope of exemptions by removing certain fish and invertebrate specimens from the list of those exempt from trade controls. This adjustment seeks to maintain stringent oversight on the trade of native specimens, particularly those taken from fisheries, aligning with broader conservation objectives set forth in the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2008L00599, modifies the list of exempt native specimens by removing certain fish and invertebrate specimens from that list. Specifically, this instrument deletes specimens taken from the Southern Bluefin Tuna Fishery, as outlined in the Southern Bluefin Tuna Fishery Management Plan 1995, from the list of exempt native specimens. These specimens are no longer exempt from trade control provisions if they are not species listed under Part 13 of the EPBC Act. The exclusion was conditional upon the specimens being lawfully taken and applied until 22 February 2008. This legislative change applies across Australia, impacting anyone involved in the trade of these specimens within the specified fishery and time frame. The amendment underscores the federal scope of the EPBC Act, influencing industries reliant on the trade of native specimens and subjecting them to stricter regulatory oversight. The exclusions are effective from the day of registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens (Section 303DB) that are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument amends that list by removing certain specimens from the exemption (Section 303DC). Specifically, the instrument deletes specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Southern Bluefin Tuna Fishery as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 (as amended) under the Fisheries Management Act 1991. These specimens were previously exempt under specific conditions, namely that they were taken lawfully and were included on the list until 22 February 2008.
The obligations imposed by this amendment require that any specimens derived from fish or invertebrates taken in the Southern Bluefin Tuna Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act, must now comply with the trade control provisions. This means that individuals or entities dealing with such specimens must adhere to the regulatory framework that governs the trade of regulated native specimens. This includes obtaining necessary permits, adhering to quotas, and ensuring that the specimens were taken lawfully, as previously stipulated.
Failure to comply with the trade control provisions for these specimens may result in legal consequences. Under the EPBC Act, violations can lead to both civil and criminal penalties. Civil penalties may include fines, with the exact amount determined by the severity of the offence. In criminal cases, individuals found guilty of illegal trade activities may face imprisonment, with maximum penalties specified by the Act. The exact penalties can vary depending on the specific breach and the jurisdiction, but they are intended to enforce compliance with environmental protection and biodiversity conservation laws.