Amendment of List of Exempt Native Specimens - Deepwater Finfish Fishery, QLD (28/10/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive protection of the environment, particularly focusing on biodiversity conservation and managing the impacts of human activities. This legislation was developed to fill a gap in existing environmental laws by providing a robust framework to protect native species and ecosystems, including their habitats and ecological processes, from significant harm caused by human actions. Enacted by the Australian Parliament, the policy objective of the Act is to safeguard Australia's environment and heritage by preventing biodiversity loss and ecological degradation. The Act facilitates this through various mechanisms, including the regulation of trade in native specimens and the establishment of a list of exempt native specimens to streamline and regulate trade where appropriate. In line with these objectives, the Act includes provisions for the amendment of the List of Exempt Native Specimens, allowing certain specimens to be exempt from trade control measures provided specific conditions are met. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, aims to facilitate continued export of certain specimens derived from the Deepwater Finfish Fishery, provided they meet the criteria set out in the Act and associated regulations. This amendment ensures that trade can proceed without the need for export permits, subject to compliance with relevant wildlife trade operation declarations and ongoing adherence to the conditions set for the fishery's operation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets specimens derived from fish or invertebrates, specifically those taken in the Deepwater Finfish Fishery, excluding those belonging to species listed under Part 13 of the Act. This legislative amendment applies to any entity or person involved in the trade of these specimens, provided the specimens meet the criteria of being taken lawfully and covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. The instrument’s jurisdictional reach is nationwide, given the Act’s Commonwealth scope, and it extends its application through subordinate instruments to ensure continued compliance and exportation of these specimens without the need for export permits, as long as the relevant WTO declaration remains in force. This amendment ensures that trade operations remain legitimate and aligned with environmental conservation objectives.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DB) mandates the creation of a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This legislation, as amended by the instrument F2005L03689, adds specific specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Deepwater Finfish Fishery, to the list of exempt native specimens. This addition is subject to the conditions that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. These conditions ensure that the trade in these specimens can continue without the need for export permits, provided the Wildlife Trade Operation declaration remains in effect and the fishery adheres to its conditions. Under this legislation, parties involved in the trade of these exempt specimens are required to ensure compliance with the conditions specified in the Wildlife Trade Operation declaration. This includes verifying that the specimens were taken lawfully and that the trade operation remains approved. The entities involved must also ensure that their operations comply with all terms and conditions of the Wildlife Trade Operation declaration to maintain the exemption status of the specimens. Failure to comply with these conditions may result in the revocation of the Wildlife Trade Operation declaration, leading to a cessation of the exemption status and potentially halting the export of these specimens. The Act imposes significant obligations on the parties involved in the trade of these specimens. They must ensure that all specimens traded are from lawful sources and that they adhere strictly to the conditions set out in the Wildlife Trade Operation declaration. Any breach of these conditions could result in the declaration being revoked, which would mean the loss of exemption status for the specimens and the potential need for export permits. Furthermore, any entity found to be in violation of the Act’s provisions could face legal consequences, including civil or criminal penalties. The specific penalties are not detailed in the explanatory statement but are likely to be outlined in the main body of the Act or in associated regulations.