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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation issues in Australia. This Act, overseen by the Commonwealth Parliament, aims to provide for the protection of the environment, particularly with respect to matters of national environmental significance. One aspect of the Act is the regulation of the trade of native specimens, with certain specimens being exempt from trade control provisions. The legislative instrument F2009L02100 amends the List of Exempt Native Specimens under section 303DC of the EPBC Act. This amendment, which came into effect following registration on the Federal Register of Legislative Instruments, removes Pecten fumatus (Commercial Scallop) and Mimachlamys asperrima (Doughboy Scallop) taken in the Bass Strait Central Zone Scallop Fishery from the list of exempt native specimens, subjecting them to the relevant trade controls. The Minister for the Environment, Heritage and the Arts undertook consultations with relevant stakeholders, including the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, before making this amendment, and invited public comment on the proposal, which was advertised on the Department of the Environment, Water, Heritage and the Arts' website.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains to the regulation of trade in native specimens, specifically addressing Pecten fumatus (Commercial Scallop) and Mimachlamys asperrima (Doughboy Scallop) taken in the Bass Strait Central Zone Scallop Fishery. This amendment modifies the list of exempt native specimens by removing these scallops from the exemption and subjecting them to specific notations. The Act applies to persons and entities involved in the trade of these scallops, particularly within the specified fishery zone. The geographic reach of this legislation is national, given the federal nature of the EPBC Act. Before implementing the amendment, the Minister for the Environment, Heritage and the Arts was required to consult with relevant state and territory ministers, as well as other stakeholders, ensuring a collaborative approach to environmental management. Public consultation was also undertaken to gather feedback from interested parties, which was considered in the final decision-making process. The legislative instrument is governed by the Legislative Instruments Act 2003, and it came into effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Section 303DB establishes a list of exempt native specimens, while section 303DC outlines the process for amending that list. This legislative instrument amends the list to remove Pecten fumatus (Commercial Scallop) and Mimachlamys asperrima (Doughboy Scallop) taken in the Bass Strait Central Zone Scallop Fishery from the exempt native specimens list, subject to specific notations. The obligations imposed by the Act on the parties or entities it governs include the requirement for the Minister to consult with relevant stakeholders before making any amendments to the list of exempt native specimens. In this instance, the Minister for the Environment, Heritage and the Arts consulted with the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, as they have management responsibilities for the fishery in question. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, and comments were invited from interested parties for a period of 24 days. All comments received were considered in the decision-making process. There are no specific offences, penalties, or consequences for breach outlined in the Explanatory Statement. However, as this legislative instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, any breaches of the EPBC Act itself may result in civil or criminal penalties, depending on the nature and severity of the breach. The EPBC Act includes provisions for enforcement, with potential penalties for breaches including fines and imprisonment. For example, section 508 of the EPBC Act provides that a person who commits an offence against the Act is liable to a fine of up to $66,600 (or up to five times the benefit obtained, if greater) for a corporation, or imprisonment for up to two years, or both, for an individual. For more serious offences, such as those involving intentional damage to a listed threatened species or ecological community, the maximum penalties can be significantly higher.