Amendment of List of Exempt Native Specimens - Coral Sea Fishery (Sea Cucumber Sector), Commonwealth (26/11/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia, aiming to provide a framework for the protection of the environment, particularly focusing on matters of national environmental significance. The Act establishes mechanisms for the conservation of biodiversity and the sustainable use of natural resources. This legislative instrument amends the list of exempt native specimens under section 303DB of the Act by including specimens that are or are derived from fish or invertebrates taken in the Sea Cucumber Sector of the Coral Sea Fishery, subject to certain conditions. This amendment was made by Ian Cresswell, the Delegate of the Minister for the Environment and Heritage, pursuant to subsection 303DC(1) of the Act. The inclusion of these specimens is subject to the conditions that they were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. This amendment aims to ensure that the exploitation of these resources is managed sustainably while maintaining the ecological integrity of the marine environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities, including individuals, corporations, and government bodies, that engage in activities that may impact the environment and biodiversity. Specifically, this legislative instrument amends the list of exempt native specimens under the Act by including specimens derived from fish or invertebrates taken in the Sea Cucumber Sector of the Coral Sea Fishery, provided they are not from species listed under Part 13 of the Act. This amendment applies across the Commonwealth of Australia, thereby extending its jurisdictional reach nationally. However, the exemption is subject to the condition that the specimens must be lawfully taken and must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This ensures that the environmental impact of the fishery is managed and regulated, while allowing for the sustainable use of certain species within legal parameters.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding a new category of specimens to the list of exempt native specimens (section 303DB). Specifically, it includes specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken within the Sea Cucumber Sector of the Coral Sea Fishery (section 303DC). This amendment is subject to certain conditions: the specimens must have been taken lawfully, and they must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. Under this legislative instrument, any party involved in the collection, trade, or transport of specimens from the Sea Cucumber Sector of the Coral Sea Fishery must ensure that these activities comply with the newly established requirements. This includes obtaining the necessary declarations from an approved Wildlife Trade Operation to certify that the specimens were taken lawfully and meet the criteria set forth by the Act. Additionally, any person or entity participating in these activities must adhere to the conditions outlined in the amendment to avoid non-compliance with the EPBC Act. The Act imposes several obligations on the parties involved. Firstly, they must ensure that the specimens derived from fish or invertebrates are not from species listed under Part 13 of the EPBC Act, thereby avoiding any legal repercussions related to protected species. Secondly, they must provide evidence that the specimens were taken lawfully, which may involve maintaining detailed records and documentation of the collection process. Finally, parties must obtain and maintain a valid declaration from an approved Wildlife Trade Operation, ensuring that their activities align with the regulatory framework established under the EPBC Act. Failure to comply with the provisions of this legislative instrument may result in various consequences, including civil and criminal penalties. Under the EPBC Act, unauthorised activities involving native specimens can lead to significant fines and, in severe cases, imprisonment. The maximum penalties for breaches related to the illegal trade of native specimens can be substantial, reflecting the importance of conservation and sustainable management of biodiversity. Therefore, parties must diligently adhere to the conditions and requirements specified in the Act to avoid facing these legal consequences.