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 (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 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 Pearl Oyster Fishery
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 are included on the list until 18 October 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. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
In accordance with section 303DC of the EPBC Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon Norman Moore, Minister for Fisheries.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the EPBC 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/2008/27
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the need for a comprehensive legislative framework that ensures the protection of the environment and biodiversity in Australia. In 2008, the Act was amended through the legislative instrument F2008L04059 to address a specific gap in the trade control provisions for native specimens. This legislative instrument was issued under the authority of the Minister for the Environment, Heritage and the Arts and aligns with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The policy objective of this amendment is to facilitate the continued export of certain specimens derived from fish or invertebrates within the Western Australia Pearl Oyster Fishery, while ensuring that these activities remain ecologically sustainable and lawful.
Scope and Application
The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) applies to a wide array of entities and industries within Australia, with a particular focus on the protection of biodiversity and the management of environmental impacts. Under this Act, the Minister for the Environment, Heritage and the Arts has the authority to amend the list of exempt native specimens, as outlined in section 303DB. This specific legislative instrument, F2008L04059, pertains to the addition of certain specimens derived from fish or invertebrates to the list of exempt native specimens, provided they are lawfully taken and belong to species not listed under Part 13 of the EPBC Act. This amendment specifically targets specimens from the Western Australia Pearl Oyster Fishery and is valid until 18 October 2013. The instrument reflects the Australian Government’s Guidelines for the ecologically sustainable management of fisheries and mandates consultation with relevant ministers and departments, ensuring that the ecological sustainability criteria are met. This legislative instrument, subject to the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation, specifically Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), provide for the establishment of a list of exempt native specimens. Section 303DC then allows for the amendment of this list, as seen in the legislative instrument F2008L04059. This instrument adds specific specimens taken in the Western Australia Pearl Oyster Fishery to the list of exempt native specimens, subject to certain conditions. These specimens, which are or are derived from fish or invertebrates, are exempt from the trade control provisions that apply to regulated native specimens, provided they were taken lawfully and are included on the list until 18 October 2013.
The obligations imposed by this Act on the parties involved are primarily focused on ensuring that the specimens added to the list meet the specified conditions. This includes the requirement that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully. Additionally, the Act mandates that the specimens remain on the list until 18 October 2013, ensuring a defined period of exemption from the trade control provisions. The legislative instrument also notes that the decision to include these specimens was made with regard to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, ensuring that the ecological sustainability of the fishery management arrangements is considered.
Failure to comply with the conditions set out in this legislation could result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally may lead to significant fines and/or imprisonment. For example, unauthorised trade in native specimens can attract penalties of up to $375,000 for individuals and $1.875 million for corporations, alongside potential imprisonment terms. These penalties underscore the importance of adhering to the conditions outlined in the Act, ensuring that the trade of the specified specimens remains within legal boundaries during the designated period.