Amendment of List of Exempt Native Specimens - 6 Fisheries (Western Australian Blue Swimmer Crab (Non Shark Bay) Fisheries, New South Wales Sea Urchin and Turban Shell Fishery and South Australia Dive Fisheries) (Extension of Export Approval Deadline after 1 December 2005), WA, NSW and SA (29/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework governing environmental protection and biodiversity conservation in Australia. This Act provides mechanisms for the protection of the environment and biodiversity by regulating activities that may have a significant impact. A key component of the Act is the establishment of the List of Exempt Native Specimens (LENS), which exempts certain specimens from the stringent trade control provisions applicable to regulated native specimens. The EPBC Act was introduced by the Australian Parliament to ensure the protection of the nation's biodiversity and to align with international obligations under various environmental conventions. The legislative instrument F2005L03844 amends the List of Exempt Native Specimens under section 303DC of the EPBC Act to extend the exemption for certain fisheries, allowing continued export of specified specimens until 28 February 2006. This amendment was introduced to facilitate the smooth continuation of exports for fisheries that were previously exempt, ensuring that there is no disruption in trade while meeting the legislative requirements of the EPBC Act. The decision to include these specimens in the LENS was made in consideration of the legislative framework, and it was deemed unnecessary to consult with other Ministers as previous amendments to the LENS have been well-supported by fisheries agencies.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2005L03844, pertains to the regulation of native specimens, specifically through the List of Exempt Native Specimens (LENS). This list exempts certain specimens from the trade control provisions that apply to regulated native specimens, facilitating their lawful trade. The instrument amends the LENS to include certain fisheries that were previously scheduled to cease inclusion on 1 December 2005, thereby extending their exemption until 28 February 2006. This extension ensures that the export of these specimens can continue without interruption, subject to the condition that the specimens were taken lawfully. The instrument applies to the fisheries listed in the schedule, and its jurisdictional reach is federal, governed under the EPBC Act. There are no stated exclusions or exemptions beyond those specified in the Act and its amendments, and the legislative instrument itself does not introduce new exclusions. The decision to amend the LENS was made in accordance with the legislative requirements of the EPBC Act and was supported by relevant fisheries agencies, which deemed consultation with other Ministers unnecessary.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens (LENS) under Section 303DB, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. Section 303DC of the EPBC Act provides the mechanism to amend this list, as illustrated in the legislation in question, which aims to extend the exemption period for certain fisheries from 1 December 2005 to 28 February 2006. This extension is contingent upon two conditions: first, that the specimens were taken lawfully; and second, that they remain on the list until 28 February 2006. This legislative instrument is intended to facilitate continued export of these specimens during the specified period. Entities and parties governed by this Act must adhere to the stipulations outlined in the legislative instrument. Specifically, they must ensure that any specimens included on the LENS were indeed taken lawfully, and they must be mindful of the temporary nature of the exemption, which is limited to the period specified in the instrument. This requirement ensures that the legal framework for the trade of native specimens is upheld while allowing for necessary adjustments to be made to accommodate economic activities such as exportation. Failure to comply with the provisions of the Act, including the conditions for specimens to be included on the LENS, can result in various civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of the EPBC Act can generally lead to fines or imprisonment, depending on the severity of the offence. The penalties can be substantial, reflecting the importance of protecting native species and their habitats. As the instrument is a legislative instrument under the Legislative Instruments Act 2003, it carries the full weight of the law, and non-compliance can lead to enforcement actions by relevant authorities.