Amendment of List of Exempt Native Specimens - Bass Strait Central Zone Scallop Fishery (25/05/2009) (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act addresses the problem of unregulated trade in native specimens, which could potentially lead to ecological harm and unsustainable exploitation of natural resources. The Act establishes a framework for the management of activities that may impact the environment, including the regulation of trade in native species. This legislative instrument amends the list of exempt native specimens under section 303DC of the EPBC Act to include specimens derived from fish or invertebrates taken in the Bass Strait Central Zone Scallop Fishery, provided they are taken lawfully and are covered by an approved Wildlife Trade Operation. The inclusion of these specimens aims to ensure continued export of these specimens until 31 March 2010, while maintaining compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list was made following consultation with relevant Ministers and authorities and public notice was given, though no public comments were received.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to specimens that are or are derived from fish or invertebrates, specifically those taken in the Bass Strait Central Zone Scallop Fishery, as defined under the Commonwealth Fisheries Management Act 1991 and the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This amendment ensures continued export of these specimens until 31 March 2010. The decision to include these specimens in the list of exempt native specimens was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which outline the criteria for assessing the ecological sustainability of fisheries management arrangements. The Minister for Environment, Heritage and the Arts undertook consultations with relevant ministers and authorities, including the Commonwealth Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, prior to amending the list. The proposal was also advertised on the Department of the Environment, Water, Heritage and the Arts' website, inviting comments from interested parties for 24 business days, though no public comments were received.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) includes provisions that regulate the trade of native specimens. Section 303DB of the Act establishes a list of exempt native specimens that are not subject to the trade control provisions that apply to regulated native specimens. The legislative instrument F2009L02098 amends this list by including specimens derived from fish or invertebrates taken in the Bass Strait Central Zone Scallop Fishery, except those that belong to species listed under Part 13 of the EPBC Act. The inclusion of these specimens on the list of exempt native specimens is subject to certain conditions. First, the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully. Second, the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. These notations ensure that the specimens are sourced and traded in an environmentally sustainable manner. The legislative instrument imposes obligations on parties involved in the trade of these specimens. It requires that any party involved in the trade must ensure that the specimens they are trading are derived from lawful sources and are covered by a declaration of an approved Wildlife Trade Operation. Failure to comply with these obligations may result in legal consequences. The Minister for Environment, Heritage and the Arts must consult with relevant Ministers and stakeholders before amending the list of exempt native specimens. In this case, the Minister consulted with the Commonwealth Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, who have management responsibilities for the fishery concerned. The proposal to amend the list was also advertised on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website, and interested parties were invited to provide comments for a period of 24 business days. However, no public comments were received. Failure to comply with the provisions of the EPBC Act may result in civil or criminal penalties. The maximum penalty for a civil breach of the Act is $66,600 for an individual and $333,000 for a corporation. Criminal penalties may also apply, depending on the nature and severity of the breach. The legislative instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments. The unique identifying number for this instrument is EPBC303DC/SFS/2009/12.