Amendment of List of Exempt Native Specimens - Abalone Fishery, NSW (28/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment and biodiversity in Australia, particularly in relation to the regulation of activities that may have significant impacts on matters of national environmental significance. The Act provides for the establishment of a list of exempt native specimens, under which certain specimens are exempt from the trade control provisions applicable to regulated native specimens. This legislative amendment, introduced by the Commonwealth Parliament, aims to add specific fish and invertebrate specimens from the New South Wales Abalone Fishery to the list of exempt native specimens, subject to certain conditions. These conditions include the lawful taking of the specimens and their coverage under an approved Wildlife Trade Operation declaration. The policy objective is to facilitate the continued export of these specimens without the need for export permits, provided the relevant wildlife trade operation declaration remains in force and the fishery complies with its conditions. This amendment allows for streamlined trade processes while ensuring that the trade does not negatively impact the protected species or the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of exempt native specimens according to Section 303DC of the Act. This amendment includes specimens derived from fish or invertebrates, taken in the New South Wales Abalone Fishery, provided they are from species not listed under Part 13 of the EPBC Act. These inclusions are subject to the condition that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. The exemption facilitates the continued export of these specimens without the requirement for export permits, as long as the Wildlife Trade Operation declaration is in force and the fishery adheres to its conditions. Should the declaration expire or be revoked, the exemption ceases, and export would no longer be permitted. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments, as per the Legislative Instruments Act 2003.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains provisions for the creation of a list of exempt native specimens. Section 303DB of the Act establishes this list, under which certain specimens are exempt from the trade control measures that apply to regulated native specimens. Section 303DC allows for the amendment of this list through legislative instruments, such as the one detailed here. This particular legislative instrument adds specimens of fish or invertebrates, taken in the New South Wales Abalone Fishery, to the list of exempt native specimens. However, these additions are subject to specific conditions, namely, that the specimens were taken lawfully and that they are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. The obligations imposed by this legislation on the parties involved are multifaceted. Firstly, the specimens must be taken lawfully, meaning they must comply with all applicable laws and regulations concerning fishing and wildlife trade. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation. This implies that the operation must meet certain standards and conditions set out by the Act, which ensures that the trade of these specimens is sustainable and does not negatively impact biodiversity. Furthermore, the New South Wales Abalone Fishery must continue to operate in accordance with the conditions of its Wildlife Trade Operation declaration. If the declaration is revoked or expires, the specimens will no longer be exempt from trade control provisions, and export permits will be required. Breach of the conditions or failure to comply with the obligations under this Act can result in significant consequences. The Act does not explicitly state the penalties for non-compliance, but breaches of wildlife trade regulations typically result in penalties under the Act or other relevant legislation. These penalties may include fines, imprisonment, or both, depending on the severity and nature of the breach. Additionally, revocation of the Wildlife Trade Operation declaration could lead to cessation of the exempt status for the specimens, thereby requiring export permits for any trade. It is essential for parties involved to adhere to the stipulations to avoid these repercussions.