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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment, particularly by controlling the trade of native specimens. The Act's Section 303DB establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. A legislative instrument, F2009L04401, amends this list in accordance with Section 303DC of the EPBC Act by removing certain specimens from the list of exempt native specimens. This deletion is necessary to facilitate the addition of new items to the list through another instrument (EPBC303DC/SFS/2009/49). Before making these amendments, 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. This legislative instrument is recognised under the Legislative Instruments Act 2003 and took effect the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, and this legislative instrument amends the List of Exempt Native Specimens under Section 303DB. This Act applies to all persons and entities involved in the trade of native specimens within Australia, including both individuals and corporations, across various industries such as wildlife trade, agriculture, and forestry. The amendment specifically targets the removal of certain specimens from the list of exempt native specimens, which are those that are not subject to the trade control provisions applicable to regulated native specimens. The changes outlined in this instrument are applicable nationally, impacting all states and territories within the Commonwealth of Australia. It is important to note that the Minister for the Environment, Heritage and the Arts must consult with relevant state and territory ministers and other appropriate parties before making any amendments to the list, as stipulated in Section 303DC(3) of the EPBC Act. This legislative instrument is a formal tool under the Legislative Instruments Act 2003, and it became effective the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of the legislation, specifically section 303DC, detail the process by which specimens are removed from the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Under this section, the Minister for the Environment, Heritage and the Arts is required to consult with relevant Commonwealth Ministers, State and Territory Ministers, and other persons or organisations deemed appropriate before making amendments to the list. Once the consultation process is completed, the Minister may then proceed to amend the list by removing specified specimens and associated notations, as outlined in the Schedule to this instrument. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily administrative in nature. The Minister for the Environment, Heritage and the Arts must ensure that appropriate consultations are conducted with relevant stakeholders before making any amendments to the list of exempt native specimens. This includes notifying and obtaining input from other Ministers and relevant organisations to ensure that the changes align with broader environmental protection and biodiversity conservation objectives. Furthermore, the Act mandates that any amendments to the list must be made in accordance with the requirements of the Legislative Instruments Act 2003, which governs the creation and registration of legislative instruments. In terms of potential breaches and the associated consequences, the legislation itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the requirements to consult or amend the list of exempt native specimens. However, failure to comply with the consultation process or the proper legislative procedures for amending the list could potentially lead to legal challenges or administrative actions. For instance, if the Minister fails to conduct the necessary consultations or does not follow the legislative requirements, affected parties might seek judicial review to contest the validity of the amendments. Additionally, any unlawful actions taken in the process of amending the list could attract broader legal consequences under Australian administrative law.