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 (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 include the following specimens in the list of exempt native specimens:
- 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 Victorian Scallop Dive (Port Phillip Bay) Fishery as defined in the management regime in force under the Victorian Fisheries Act 1995 and the Victorian Fisheries Regulations 2009,
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 11 December 2020.
Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until 11 December 2020.
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 fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment 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. In this instance, the Delegate of the Minister for the Environment consulted with the Victorian Department of Economic Development, Jobs, Transport and Resources as the Victorian Department of Economic Development, Jobs, Transport and Resources has 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’s website and comment was invited from interested people for a period of 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in 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.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including native species and ecosystems, through a range of mechanisms including the regulation of trade in native specimens. This legislation addresses the need for a streamlined and ecologically sustainable approach to managing the trade of native specimens, particularly those derived from fisheries, while ensuring compliance with international obligations and promoting the ecologically sustainable development of fisheries. The policy objective of the amendment to the list of exempt native specimens, as reflected in the explanatory statement, is to facilitate the export of specimens derived from the Victorian Scallop Dive (Port Phillip Bay) Fishery until 11 December 2020, subject to certain conditions and restrictions. This amendment was made in consultation with relevant stakeholders and in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) amendment, detailed in instrument F2015L02035, pertains to the inclusion of specific specimens in the list of exempt native specimens. This amendment applies to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the Victorian Scallop Dive (Port Phillip Bay) Fishery as defined by the Victorian Fisheries Act 1995 and its regulations. The inclusion of these specimens in the exempt list is conditional on them being taken lawfully and is effective until 11 December 2020. This change allows for the export of these specimens until the specified date, provided they meet the outlined criteria. The amendment is geographically limited to the Port Phillip Bay region and applies to entities engaged in the fishery, ensuring compliance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment undertook consultations with relevant Victorian authorities and the public before finalising the amendment, ensuring that all interested parties had the opportunity to provide feedback.
Key Provisions
The main operative sections of the legislation are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the framework for a list of exempt native specimens, allowing certain specimens to be exempt from trade control provisions that apply to regulated native specimens. Section 303DC provides the process for amending this list, including consultation requirements with relevant ministers and stakeholders. The legislation specifically aims to include specimens that are or are derived from fish or invertebrates, taken in the Victorian Scallop Dive (Port Phillip Bay) Fishery, in the list of exempt native specimens. This inclusion is subject to the conditions that the specimens were taken lawfully and that they remain on the list until 11 December 2020.
The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that any specimens included in the list of exempt native specimens must be derived from fish or invertebrates taken in the specified fishery and must not belong to species listed under Part 13 of the EPBC Act. Secondly, it requires that the specimens were taken lawfully, meaning they must comply with the relevant provisions of the Victorian Fisheries Act 1995 and the Victorian Fisheries Regulations 2009. Additionally, the Minister for the Environment must consult with appropriate ministers and stakeholders before making amendments to the list, as outlined in Section 303DC(3). This consultation process ensures that the decision to include the specimens is made with adequate consideration of the ecological sustainability of the fishery.
The legislation does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. However, it is important to note that any failure to comply with the conditions for inclusion in the list of exempt native specimens, such as taking specimens unlawfully or beyond the specified date, could potentially result in enforcement actions under other relevant environmental protection laws. Although the instrument itself does not detail penalties, breaches of the EPBC Act or related fisheries regulations could lead to fines or other legal repercussions depending on the severity of the violation. It is crucial for parties involved in the trade of these specimens to ensure strict compliance with both the legislative requirements and the underlying fisheries regulations to avoid any legal issues.