Amendment of List of Exempt Native Specimens - Cocos (Keeling) Islands Marine Aquarium Fish Fishery (28/09/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with respect to matters of national environmental significance. In line with this, the Act includes provisions for the management of biological resources, including the regulation of trade in native specimens. The Act was introduced to address the need for a comprehensive legal framework to protect Australia's biodiversity and ecosystems. The Parliament of Australia enacted this legislation to ensure that biodiversity conservation is integrated into decision-making processes at both federal and state levels. One of the key policy objectives of the Act is to maintain the ecological sustainability of Australia’s natural resources by controlling activities that may harm the environment. The explanatory statement details an amendment to the list of exempt native specimens under Section 303DC of the EPBC Act, which specifies conditions for the exemption of certain fish and invertebrate specimens taken from the Cocos (Keeling) Islands Marine Aquarium Fish Fishery from trade control provisions. This amendment aims to facilitate the continued export of these specimens until 15 September 2011, subject to the conditions that they were taken lawfully and remain exempt until the specified date.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the management and protection of Australia's environment, including the regulation of trade in native specimens. Under section 303DB of the EPBC Act, a list of exempt native specimens has been established, which exempts certain specimens from the trade control provisions applicable to regulated native specimens. The instrument F2010L02717 amends this list to revoke conditions previously imposed on specimens taken in the Cocos (Keeling) Islands Marine Aquarium Fish Fishery. Specifically, it removes the conditions that these specimens be taken lawfully and that they be included in the list until 15 September 2011. This change allows for the continued export of these specimens until the specified date, ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities must consult relevant Ministers and stakeholders before amending the list, as required by subsection 303DC(3) of the EPBC Act, and in this case, the Department of Fisheries, Western Australia has been consulted and found agreeable to the amendment. This legislative instrument, registered under the Legislative Instruments Act 2003, commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation, as referenced in Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the amendment of the List of Exempt Native Specimens. Specifically, Section 303DB establishes the list, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. The amendment revokes existing conditions for specimens taken in the Cocos (Keeling) Islands Marine Aquarium Fish Fishery and imposes new conditions. These new conditions stipulate that the specimens must be derived from fish or invertebrates taken lawfully and remain exempt until 15 September 2011. This change facilitates continued export of these specimens until the specified date. The Act imposes specific obligations on parties and entities governed by it. Firstly, any person or entity involved in the export of the specified specimens must ensure that the specimens were taken lawfully. This requirement is fundamental to maintaining the integrity of the ecological sustainability criteria established under Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. Secondly, these obligations extend until 15 September 2011, after which the exemption may no longer apply unless further amendments are made. The Act also mandates consultation with relevant Ministers and stakeholders, such as the Department of Fisheries, Western Australia, to ensure that the amendments align with broader ecological and sustainability goals. Breach of the provisions outlined in this legislation can lead to various civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, under the EPBC Act, general penalties for contravening trade control provisions can include substantial fines and, in severe cases, imprisonment. For instance, the Act may impose penalties up to several thousand dollars or even higher, depending on the severity and intent of the breach. Additionally, any failure to comply with the lawful taking condition could result in legal action, including court orders to cease illegal activities and potential restitution for any harm caused to the environment or biodiversity. In summary, this legislative amendment seeks to balance the need for continued export of certain fish and invertebrate specimens from the Cocos (Keeling) Islands Marine Aquarium Fish Fishery with stringent conditions to ensure ecological sustainability. Parties involved must adhere strictly to the conditions set forth, including lawful sourcing and compliance until the specified date, to avoid facing the serious civil and criminal repercussions that can result from non-compliance.