Amendment of List of Exempt Native Specimens - Coral Reef Finfish Fishery, QLD (16/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to address the need for a comprehensive framework to protect Australia's biodiversity and environment. The Act provides mechanisms for the protection of native species and ecosystems, including the establishment of a list of exempt native specimens under section 303DB, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. The purpose of this legislative instrument, F2005L03688, is to amend the list of exempt native specimens by adding specimens from the Coral Reef Finfish Fishery, subject to certain conditions. This amendment was made in accordance with section 303DC of the Act and aims to facilitate the continued export of these specimens without the need for export permits, provided that the relevant wildlife trade operation declaration is in force and the fishery complies with its conditions. The instrument was issued under the authority of the Minister for the Environment and Heritage, and consultation was undertaken with relevant ministers and the Queensland Department of Primary Industries and Fisheries. This legislative instrument is a formal legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument pertains to the addition of specific specimens to the list of exempt native specimens under Section 303DB of the Act. This legislative amendment applies to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, which are taken within the Coral Reef Finfish Fishery. The application of this amendment is contingent upon the specimens being lawfully obtained and covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the EPBC Act, in relation to the fishery. This amendment facilitates the continued export of these specimens without the need for export permits, provided the Wildlife Trade Operation declaration remains in effect and the fishery adheres to its conditions. Should the Wildlife Trade Operation declaration expire or be revoked, the specimens would no longer be exempt, and export would no longer be permitted. The geographic scope of this amendment extends to the Commonwealth and the state of Queensland, specifically engaging with the relevant ministers and the Queensland Department of Primary Industries and Fisheries during the consultation process. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and became effective the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides a framework for the protection of the environment and biodiversity. Section 303DB of the Act establishes a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, and the explanatory statement pertains to the addition of certain specimens to the list of exempt native specimens. Specifically, it adds specimens that are or are derived from fish or invertebrates taken in the Coral Reef Finfish Fishery, with the condition that these specimens must not belong to species listed under Part 13 of the EPBC Act (Section 303DB(3)(a)). The Act imposes specific obligations on the entities involved in the trade of these specimens. The specimens must be taken lawfully, and their inclusion on the list of exempt native specimens is contingent upon them being covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery (Section 303DB(3)(b)). The trade operation must comply with the conditions outlined in the declaration, and if the operation is revoked or expires, the specimens will no longer be exempt, and export permits will be required. The consequences of breaching the conditions or requirements outlined in the Act are significant. If the trade operation is not maintained in accordance with its approved conditions, or if the WTO declaration is revoked, the specimens will no longer qualify for exemption, and the continued export of these specimens without permits will be unlawful. The Act does not specify penalties for these breaches, but contraventions of the Act can lead to civil or criminal sanctions, including fines and imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined in the context of any legal proceedings following a breach.