Amendment of List of Exempt Native Specimens - Coral Sea Fishery (17/11/2010) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by regulating the trade of native specimens. This Act was introduced to address the gap in biodiversity conservation by controlling the trade of native species and specimens, ensuring that such activities do not harm the environment. This legislative instrument, F2010L03057, was introduced to amend the list of exempt native specimens under the EPBC Act. The amendment was made following the requirement in section 303DC(3) of the EPBC Act, which mandates that the Minister for Sustainability, Environment, Water, Population and Communities consult with relevant ministers and other stakeholders before making any amendments. The decision to delete certain specimens derived from the Coral Sea Fishery from the list of exempt native specimens was made after public consultation, reflecting the policy objective of balancing biodiversity conservation with sustainable use of resources.

Scope and Application

The amendment to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 pertains to specimens that are or are derived from fish or invertebrates taken in the Coral Sea Fishery, excluding those belonging to species listed under Part 13 of the Act. This adjustment applies to the geographic area of the Coral Sea Fishery as defined in the Statement of Management Arrangements, Coral Sea Fishery 2007, under the Fisheries Management Act 1991. The legislative instrument reflects the decision to remove these specimens from the list of exempt native specimens, thereby subjecting them to the trade control provisions that apply to regulated native specimens. This amendment is a legislative instrument governed by the Legislative Instruments Act 2003 and came into effect the day after its registration on the Federal Register of Legislative Instruments. The Minister for Sustainability, Environment, Water, Population and Communities was required to consult with relevant ministers and stakeholders before making this amendment, and all received comments were considered in the final decision.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. Section 303DC of the Act allows for the establishment of this list, and section 303DB specifies the specimens that are exempt. Under this legislative instrument (F2010L03057), the list has been amended to exclude certain specimens derived from fish or invertebrates taken in the Coral Sea Fishery, except for those belonging to species listed under Part 13 of the Act. This amendment effectively removes these specimens from the list of exempt native specimens, meaning they will now be subject to the trade control provisions. In accordance with section 303DC(3) of the EPBC Act, the Minister for Sustainability, Environment, Water, Population and Communities was required to consult with relevant ministers and other stakeholders before making the amendment. This consultation process included advertising the proposal on the Department of Sustainability, Environment, Water, Population and Communities website, inviting comments from interested parties for 23 business days. All comments received during this period were considered in the decision to delete the specified specimens from the list of exempt native specimens. Entities and individuals affected by this amendment must now adhere to the trade control provisions that apply to regulated native specimens, including obtaining necessary permits and approvals for any trade involving the specimens formerly exempt. Failure to comply with these requirements could result in legal consequences, including fines and imprisonment. The specific penalties for breaches of the EPBC Act are outlined in various sections of the Act, with maximum penalties varying depending on the nature and severity of the offence. It is important for those affected by this amendment to familiarise themselves with the relevant sections and ensure compliance to avoid potential legal repercussions.