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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation aims to fill a gap in environmental regulation by controlling activities that could have a significant impact on the environment, including native species and ecosystems. Enacted by the Parliament of Australia, the EPBC Act seeks to integrate environmental protection into decision-making processes and ensure sustainable use of natural resources. This specific amendment, introduced through legislative instrument F2009L02099, was designed to address the need for targeted regulation within the Bass Strait Central Zone Scallop Fishery. The amendment exempts certain specimens involved in scientific surveys from the general trade control provisions, facilitating more streamlined management of this particular fishery while still maintaining overarching environmental protections. The policy objective behind this change was to allow for more effective monitoring and management of the fishery, while still ensuring compliance with broader environmental conservation goals.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens applies specifically to native specimens that are or are derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, during scientific surveys for the Bass Strait Central Zone Scallop Fishery. This legislative instrument exempts these particular specimens from the trade control provisions that apply to regulated native specimens, thereby facilitating scientific research activities related to the fishery. The geographic scope of this amendment is national, as it pertains to the Australian Commonwealth and involves consultation with state and territory ministers, as well as relevant organisations such as the Australian Fisheries Management Authority. The amendment process required the Minister for the Environment, Heritage and the Arts to consult with relevant stakeholders, including the Minister for Agriculture, Fisheries and Forestry, and to advertise the proposal on the Department of the Environment, Water, Heritage and the Arts’ website, inviting public comments for 24 days. This consultation process ensures that all interested parties have the opportunity to contribute to the decision-making process, and the final decision incorporates all feedback received. The legislative instrument is subject to the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation concern the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) (s 303DB). This amendment specifically targets specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, during scientific surveys for the Bass Strait Central Zone Scallop Fishery. By including these specimens on the list, they are exempt from the trade control provisions that apply to regulated native specimens. The obligations and requirements imposed by this legislation are primarily on the Minister for the Environment, Heritage and the Arts. Before making the amendment, the Minister must consult with relevant Ministers, including the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, as these entities have management responsibilities for the fishery concerned (s 303DC(3)). Additionally, the proposal was advertised on the Department of the Environment, Water, Heritage and the Arts’ (DEWHA) website, and public comment was invited for a period of 24 days. All comments received were taken into account before the decision to include the fishery on the list of exempt native specimens was made. In terms of potential breaches, the legislation does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, breaches of the EPBC Act generally may lead to civil and criminal penalties. For example, individuals or entities found guilty of an offence under the EPBC Act may face fines of up to $1.1 million for individuals and $5.5 million for bodies corporate, as stipulated in various sections of the Act. Additionally, imprisonment terms may apply, depending on the severity of the breach and the specific provisions of the Act that are contravened.