Amendment of List of Exempt Native Specimens - Coral Reef Fin Fish Fishery (12/10/2012)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for comprehensive environmental protection and biodiversity conservation across the country. This legislation provides a framework for the protection of the environment, particularly focusing on the regulation of activities that may have a significant impact on the environment, including native species and ecosystems. The Act aims to prevent harm to the environment, including the protection of threatened species and ecological communities. The legislative instrument F2012L02100, issued under the EPBC Act, modifies the list of exempt native specimens by revoking certain conditions and imposing new ones to facilitate the continued export of specimens derived from fish or invertebrates taken in the Coral Reef Fin Fish Fishery until 3 May 2013. This amendment aligns with the Australian Government’s guidelines for ecologically sustainable management of fisheries, ensuring that the changes made are consistent with broader environmental objectives and stakeholder consultations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of activities, species, and ecosystems that have, or are likely to have, a significant impact on the environment, particularly those that are of national or international importance. This Act is a Commonwealth Act and therefore applies across Australia, encompassing individuals, businesses, and entities engaged in activities that may affect protected matters. The legislative instrument in question amends the list of exempt native specimens, specifically concerning specimens derived from fish or invertebrates taken in the Coral Reef Fin Fish Fishery, other than those belonging to species listed under Part 13 of the EPBC Act. The instrument revokes previous conditions and imposes new conditions under which these specimens can be included in the list of exempt native specimens, thereby allowing their continued export until 3 May 2013. These changes are made to facilitate the ecologically sustainable management of the fishery in accordance with the Australian Government’s guidelines. The instrument is subject to consultation with relevant authorities and the public, ensuring a collaborative approach in its implementation.

Key Provisions

The key provisions of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are outlined in Section 303DC. The amendment concerns the list of exempt native specimens and revokes previous conditions imposed on specimens derived from fish or invertebrates in the Coral Reef Fin Fish Fishery, except those belonging to species listed under Part 13 of the EPBC Act. This change permits the continued export of these specimens until 3 May 2013. The amendment imposes two specific conditions: first, that the specimen or the fish or invertebrate from which it is derived must have been taken lawfully; and second, that the specimens remain in the list of exempt native specimens until 3 May 2013. The decision to include these specimens in the list was influenced by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition,’ which establish criteria for assessing the ecological sustainability of the fishery's management. The obligations imposed on parties governed by this Act include ensuring that any specimens derived from the Coral Reef Fin Fish Fishery meet the stipulated conditions to be considered exempt from trade control provisions. Specifically, any person or entity intending to export these specimens must verify that the specimens were taken lawfully and that they remain within the specified timeframe of being listed until 3 May 2013. The amendment also requires that the Minister for Sustainability, Environment, Water, Population and Communities consults with relevant stakeholders before making any amendments to the list of exempt native specimens, as outlined in subsection 303DC(3) of the EPBC Act. This involves consulting with other Commonwealth ministers, state ministers, and potentially other persons and organisations deemed appropriate by the Minister. Additionally, the proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested parties for 22 business days, which were considered in the decision-making process. In terms of potential breaches, the Act does not explicitly outline specific offences or penalties for non-compliance with the conditions imposed by this amendment. However, general provisions within the EPBC Act may apply, which could include civil or criminal penalties for violations related to the trade of native specimens. For instance, unauthorised trade of native specimens could result in significant fines and, in severe cases, imprisonment. The exact penalties would depend on the specific breach and the applicable sections of the EPBC Act. It is essential for parties involved in the trade of these specimens to ensure full compliance with all conditions to avoid any legal repercussions.