Amendment of List of Exempt Native Specimens - Bass Strait Central Zone Scallop Fishery (13/04/2010) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment and biodiversity, including the regulation of trade in native specimens. The Act provides for the establishment of a list of exempt native specimens which are exempt from the trade control provisions that apply to regulated native specimens. In accordance with Section 303DC of the EPBC Act, an amendment was made to the List of Exempt Native Specimens by the Minister for Environment Protection, Heritage and the Arts, following consultation with relevant Commonwealth Ministers and the Australian Fisheries Management Authority (AFMA). The amendment involves the removal of certain fish and invertebrate specimens, derived from the Bass Strait Central Zone Scallop Fishery, from the list of exempt native specimens. This decision was made after inviting public comment on the proposal, which was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website for a period of 32 days. This legislative instrument is subject to the provisions of the Legislative Instruments Act 2003.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2010L00973, modifies the list of exempt native specimens under Section 303DB, effectively impacting the trade control provisions applicable to native specimens. This amendment specifically removes from the list of exempt specimens those derived from fish or invertebrates taken within the Bass Strait Central Zone Scallop Fishery, as defined by the Commonwealth Fisheries Management Act 1991 and its associated regulations. This exclusion applies to all such specimens except those belonging to species listed under Part 13 of the EPBC Act. The amendment's scope is thus directed towards entities and individuals involved in the trade or management of these specimens, particularly within the Commonwealth jurisdiction. The exclusions and modifications outlined in the legislative instrument are designed to align more closely with the conservation and management objectives set forth by the relevant fisheries legislation and to ensure compliance with the broader environmental protection mandates of the EPBC Act.

Key Provisions

The main operative sections of this legislation (sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) establish the list of exempt native specimens and the procedure for amending this list. Section 303DB outlines the creation of the list of specimens exempt from the trade control provisions that apply to regulated native specimens, while section 303DC allows for the amendment of this list by the Minister for Environment Protection, Heritage and the Arts. The instrument in question, F2010L00973, removes certain fish and invertebrate specimens from the list of exempt native specimens. These specimens must be derived from the Bass Strait Central Zone Scallop Fishery, as defined in the Commonwealth Fisheries Management Act 1991 and the Commonwealth Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002, and must not belong to species listed under Part 13 of the EPBC Act. The obligations and requirements imposed by this Act on the parties or entities it governs primarily involve consultation and transparency. Before amending the list of exempt native specimens, the Minister for Environment Protection, Heritage and the Arts must consult with other relevant Commonwealth Ministers and state or territory ministers as deemed appropriate (subsection 303DC(3)). Additionally, the Minister may consult with other persons and organisations, as demonstrated by the consultation with the Australian Fisheries Management Authority (AFMA). The proposal to amend the list was also advertised on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website, inviting comments from interested parties for 32 days. All comments received were considered in the decision-making process. There are no explicit offences, penalties, or civil/criminal consequences for breach mentioned within the text. However, it is implied that non-compliance with the requirements of consultation and transparency could potentially lead to legal challenges or disputes over the validity of the amendment process. The legislative instrument is subject to the provisions of the Legislative Instruments Act 2003, which governs the creation and operation of legislative instruments in Australia.