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 Water Resources)
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 Western Australia Shark Bay Crab Interim Managed Fishery, as defined in the Shark Bay Crab Fishery (Interim) Management Plan 2005, made under the Western Australia Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995.
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 specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery.
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. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Jon Ford MLC, Minister for Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Fisheries, Western Australia.
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/2007/12
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act establishes various mechanisms to manage and conserve biodiversity and ecological systems. The F2007L04358 legislative instrument, issued under the authority of the Minister for the Environment and Water Resources, amends the List of Exempt Native Specimens in accordance with section 303DC of the Act. This amendment aims to facilitate the continued export of certain specimens derived from fish or invertebrates taken in the Western Australia Shark Bay Crab Interim Managed Fishery, provided they are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation. The inclusion of these specimens on the list of exempt native specimens is subject to specific notations and aligns with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The decision to amend the list involved consultations with relevant Ministers and the Department of Fisheries, Western Australia, ensuring the ecological sustainability of the fishery management arrangements.
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 and Water Resources, extends to specimens that are or are derived from fish or invertebrates taken in the Western Australia Shark Bay Crab Interim Managed Fishery. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they meet certain criteria. Specifically, the specimens must be derived from fish or invertebrates taken lawfully and must be covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This exemption is contingent upon the specimens not belonging to species listed under Part 13 of the EPBC Act and being taken in accordance with the Shark Bay Crab Fishery (Interim) Management Plan 2005, made under the Western Australia Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995. The inclusion of these specimens on the list of exempt native specimens facilitates their continued export for the next five years, aligning with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. This legislative instrument was subject to consultation with relevant ministers and the Department of Fisheries, Western Australia, and it commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes provisions that establish a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens (Section 303DB). This legislative instrument amends that list by adding certain specimens to it, specifically those that are or are derived from fish or invertebrates taken in the Western Australia Shark Bay Crab Interim Managed Fishery, as outlined in the Shark Bay Crab Fishery (Interim) Management Plan 2005. This amendment is subject to the condition that the specimens must be taken lawfully and must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the EPBC Act (Section 303DC).
The inclusion of these specimens on the list of exempt native specimens allows for the continued export of these specimens for the next five years. This amendment reflects the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, which provide the criteria for assessing the ecological sustainability of the relevant fisheries management arrangements. In making this amendment, consultation was undertaken with relevant Ministers, including the Hon Jon Ford MLC, Minister for Fisheries, as well as with the Department of Fisheries, Western Australia, as required by Section 303DC of the Act.
Breaching the conditions set out in this legislative instrument may result in legal consequences. Under the Act, failure to comply with the notations that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation may lead to penalties. The maximum penalties for breaches of the Act can include substantial fines and, in some cases, imprisonment. The specifics of these penalties are detailed in the Act, which outlines various offences and corresponding penalties for non-compliance with its provisions.