Amendment of List of Exempt Native Specimens - Abalone Fishery, VIC (16/05/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to the impacts of Commonwealth activities and certain other actions. One of the mechanisms it employs is the establishment of a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This approach aims to balance ecological conservation with economic activities. In 2008, the Australian Government introduced amendments to the list of exempt native specimens through the legislative instrument F2008L01685, adding Blacklip abalone (Haliotis rubra) and Greenlip abalone (Haliotis laevigata) to this list. These additions were subject to specific conditions, including compliance with the Victorian Abalone Fishery Management Plan under the Victorian Fisheries Act 1995, and were set to expire on 30 June 2009. The amendment aimed to facilitate continued exports of these abalone species while ensuring their management aligns with ecologically sustainable practices, as outlined in 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 regulation pertains specifically to the inclusion of Blacklip abalone (Haliotis rubra) and Greenlip abalone (Haliotis laevigata) in the list of exempt native specimens, thereby exempting them from the trade control provisions applicable to regulated native specimens. This exemption is contingent upon the specimens being taken in compliance with the Victorian Abalone Fishery Management Plan under the Victorian Fisheries Act 1995, and the exemption will expire on 30 June 2009. The decision to include these specimens was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, and consultation was conducted with relevant parties, including the Victorian Department of Primary Industry, as stipulated by section 303DC(3)(c) of the EPBC Act. This legislative instrument, governed by the Legislative Instruments Act 2003, commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary sections of this legislation, specifically section 303DB, establish a list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Section 303DC permits the amendment of this list. This particular instrument adds Blacklip abalone (Haliotis rubra) and Greenlip abalone (Haliotis laevigata) to the list, subject to specific conditions. These conditions include that the specimens must have been taken in accordance with the Victorian Abalone Fishery Management Plan under the Victorian Fisheries Act 1995, and the exemption will expire on 30 June 2009. The obligations imposed by this Act on the parties or entities it governs are primarily concerned with the conditions under which the abalone specimens can be exported. Exporters must ensure that the specimens were harvested in compliance with the management plan set out in the Victorian Fisheries Act 1995. This involves adherence to the specified fishing practices and regulations outlined in the management plan. Additionally, the exemption is time-bound, expiring on 30 June 2009, meaning that after this date, the specimens will no longer be exempt from the trade control provisions. There are no explicit offences, penalties, or civil/criminal consequences stated in this legislative instrument for non-compliance with the specified conditions. However, failure to comply with the Victorian Abalone Fishery Management Plan or the conditions set out in the EPBC Act could potentially lead to regulatory action under the respective Acts. For example, violations of the Victorian Fisheries Act 1995 could result in penalties, which are not detailed in this instrument but are governed by the Act itself. Similarly, breaches of the EPBC Act may attract penalties as stipulated within that legislation. The exact penalties would depend on the specific nature of the breach and the provisions of the respective Acts.