Amendment of List of Exempt Native Specimens - Aquaculture (30/11/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. One aspect of the Act involves the regulation of the trade of native specimens, with certain specimens listed as exempt from specific trade controls. The Act includes provisions for the establishment of a list of such exempt native specimens, as outlined in Section 303DB. An amendment made through the legislative instrument F2009L04400, which was registered on the Federal Register of Legislative Instruments, seeks to modify the list of exempt native specimens by revoking existing conditions and imposing new ones. The policy objective of this amendment is to facilitate the continued lawful export of these specimens until 1 March 2010, provided they were produced in an accredited aquaculture facility. The amendment process involved consultation with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, as mandated by the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens according to Section 303DC pertains specifically to the trade of native specimens that are exempt from the stringent trade control provisions applied to regulated native specimens. This legislation applies to entities and persons involved in the lawful production and export of these specimens, primarily those derived from aquaculture facilities. The geographic reach of this Act is national, encompassing the entire Commonwealth of Australia, as well as state and territory jurisdictions, ensuring uniform application and compliance across the country. The Act specifically addresses the conditions under which certain specimens are included on the list of exempt native specimens, allowing their continued export until 1 March 2010, provided they meet the criteria of lawful production in an aquaculture facility. Any exclusions or exemptions are narrowly defined by the legislative instrument, which specifies the conditions and duration for the exemption. The Minister for the Environment, Heritage and the Arts is required to consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before making any amendments to the list.

Key Provisions

The primary operative sections of this instrument, as referenced in Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), pertain to the amendment of the list of exempt native specimens. Specifically, Section 303DB of the EPBC Act facilitates the creation of a list of specimens that are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument revokes the conditions attached to the inclusion of certain items on the list of exempt native specimens, which was established on 30 November 2004, and introduces new conditions under which these items remain on the list. The new conditions include that the specimens, or the fish or invertebrate from which they are derived, must have been produced lawfully in an aquaculture facility, and that they will remain on the list until 1 March 2010. This change is designed to allow for continued exportation of these specimens until the specified date. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with ensuring that the specimens listed are produced in compliance with legal aquaculture practices. This means that any entity involved in the production, trade, or export of these specimens must ensure that they meet the criteria of lawful production in an aquaculture facility. Additionally, the Minister for the Environment, Heritage and the Arts must consult with relevant Commonwealth and state ministers, as well as other persons and organisations deemed appropriate, before making any amendments to the list. This requirement underscores the collaborative approach necessary for managing biodiversity and environmental protection under the EPBC Act. Failure to comply with the provisions of this Act can lead to various civil and criminal consequences. While the specific penalties are not detailed in the instrument, breaches of the EPBC Act generally may incur significant fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but the overarching intent is to enforce stringent compliance with environmental protection laws. Ensuring adherence to the conditions set forth in the list of exempt native specimens is crucial to maintaining the integrity of Australia's biodiversity and environmental protection frameworks.