Amendment of List of Exempt Native Specimens - Abalone Fishery, TAS (31/01/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to manage and conserve biodiversity. The Act addresses the problem of regulating the trade and impact of activities that could potentially harm Australia's unique flora, fauna, and ecosystems. One of the mechanisms within the EPBC Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This 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 EPBC Act. This amendment adds specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Tasmanian Abalone Fishery, to the list of exempt native specimens. The addition is subject to specific conditions, including the requirement that the specimens were taken lawfully and remain on the list until 5 February 2012. This change is intended to facilitate continued export of these specimens for a period of five years, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens (F2007L00252) amends the existing list of exempt native specimens by adding certain fish and invertebrate specimens derived from the Tasmanian Abalone Fishery. These specimens are exempt from the trade control provisions that typically apply to regulated native specimens, provided that they were taken lawfully and remain on the list until 5 February 2012. This amendment applies to the Commonwealth and specifically targets specimens taken within the Tasmanian Abalone Fishery, excluding those species listed under Part 13 of the EPBC Act. The decision to amend the list was influenced by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, which ensure the sustainability of fisheries management arrangements. This legislative instrument was enacted following consultations with relevant ministers and departments, including the Tasmanian Department of Primary Industries and Water, and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation, specifically section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), provide the framework for adding specimens to the list of exempt native specimens. This list exempts these specimens from the trade control provisions applicable to regulated native specimens. Section 303DB outlines the criteria for establishing such a list, which includes ensuring that the specimens are taken lawfully and are included on the list until a specified date, in this case, 5 February 2012. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, any specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, must be taken lawfully to qualify for exemption. This means that the taking of these specimens must adhere to all applicable laws and regulations governing the fishery. Secondly, the inclusion of these specimens on the list of exempt native specimens is conditional and time-bound, ending on 5 February 2012. This ensures that the exemption is temporary and subject to periodic review. Additionally, the inclusion of these specimens in the list of exempt native specimens was made in consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This demonstrates a commitment to ensuring that the ecological sustainability of fisheries management arrangements is upheld. Consultation with relevant ministers and the Tasmanian Department of Primary Industries and Water was also undertaken, as required by section 303DC(3)(c) of the EPBC Act, to gather input and ensure compliance with the ecological sustainability criteria. In terms of offences, penalties, or civil/criminal consequences for breach, the legislation does not explicitly state the penalties for non-compliance with the provisions. However, breaches of the EPBC Act generally can lead to significant civil and criminal penalties. Civil penalties may include substantial fines, and criminal penalties can include imprisonment, reflecting the seriousness with which the Australian Government treats violations of environmental and biodiversity laws. The specific penalties would depend on the nature and severity of the breach, as outlined in the broader provisions of the EPBC Act.