Amendment of List of Exempt Native Specimens - Broome, Kimberley, Onslow and Nickol Bay Prawn Managed Fisheries (12/08/2010) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Amendment (Exempt Native Specimens) Instrument 2010 (F2010L02297) amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The purpose of this amendment is to remove certain specimens derived from fish or invertebrates taken in specified prawn managed fisheries in Western Australia from the list of exempt native specimens, thereby subjecting them to trade controls that apply to regulated native specimens. The enacting body responsible for this amendment is the Minister for Environment Protection, Heritage and the Arts, who consulted with relevant Western Australian authorities and stakeholders during the process. The policy objective is to ensure that the management of these fisheries is aligned with broader environmental protection and biodiversity conservation objectives under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, applies to entities and persons engaged in the trade of native specimens, particularly focusing on those derived from fish or invertebrates within specified managed fisheries in Western Australia. The legislative instrument alters the list of exempt native specimens by removing certain specimens taken from the Broome Prawn Managed Fishery, the Kimberley Prawn Managed Fishery, the Onslow Prawn Managed Fishery, and the Nickol Bay Prawn Managed Fishery, provided they are not from species listed under Part 13 of the Act. This amendment subjects these specimens to trade control provisions previously exempt under the EPBC Act. The instrument's reach extends nationally, given the Commonwealth nature of the Act, and it applies to any person or entity trading these specimens across state or territory boundaries. The instrument does not specify exclusions beyond the noted exemptions for species listed under Part 13, and it includes consultation with relevant Western Australian authorities and public notice as part of its enactment process. This legislative instrument is binding and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The legislative instrument F2010L02297 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by modifying the List of Exempt Native Specimens under section 303DB (subsection 303DC(3)). This instrument removes certain specimens from the list of exempt native specimens, which were previously exempt from the trade control provisions applicable to regulated native specimens. Specifically, it excludes specimens from four prawn fisheries: the Broome Prawn Managed Fishery, the Kimberley Prawn Managed Fishery, the Onslow Prawn Managed Fishery, and the Nickol Bay Prawn Managed Fishery, all as defined in their respective management plans under the Western Australian Fish Resources Management Act 1994. These specimens include those derived from fish or invertebrates, except for those belonging to species listed under Part 13 of the EPBC Act. Before making these amendments, the Minister for Environment Protection, Heritage and the Arts was required to consult with relevant state and Commonwealth ministers and other persons or organisations with management responsibilities. In this case, the Delegate of the Minister consulted with the Western Australian Minister for Mines and Petroleum, Fisheries and Electoral Affairs, as well as the Department of Fisheries Western Australia. 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 25 days, which were all considered in the final decision. Entities and individuals now subject to these changes must comply with the updated trade control provisions for specimens derived from the specified fisheries. This means that such specimens will no longer be exempt from the regulatory requirements under the EPBC Act and will need to meet the criteria for trade as regulated native specimens. This could involve obtaining necessary permits, adhering to specific trade conditions, and ensuring compliance with any additional requirements stipulated by the Act. Breaching the new provisions could lead to significant consequences. The Act includes both civil and criminal penalties for non-compliance. For individuals, the penalties can include fines up to a maximum of $529,200 for a single offence, while for corporations, the maximum fine can be as high as $2,646,000. Additionally, individuals may face imprisonment terms, which can extend to five years, while corporations may be subject to longer-term penalties, including continuous daily fines until compliance is achieved. These stringent measures underscore the importance of adhering to the updated regulatory requirements.