Amendment of List of Exempt Native Specimens - Developmental Jellyfish Fishery, QLD (14/06/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to matters of national environmental significance. One of the Act's mechanisms is the establishment of a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument amends the List of Exempt Native Specimens in accordance with section 303DC of the EPBC Act. The inclusion of specimens derived from the Queensland Developmental Jellyfish Fishery on the list of exempt native specimens allows for the continued lawful export of these specimens without the need for export permits, provided the specimens were taken lawfully and the wildlife trade operation declaration is in force. This amendment was introduced to facilitate the management of the fishery under the EPBC Act while ensuring compliance with its conditions. The instrument was enacted following consultations with relevant Ministers and authorities, including the Queensland Minister for Primary Industries and Fisheries, and the Queensland Department of Primary Industries and Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to the addition of specific invertebrate specimens, excluding those from species listed under Part 13 of the EPBC Act, to the list of exempt native specimens. These specimens must originate from the Queensland Developmental Jellyfish Fishery and be lawfully taken. This amendment allows for the continued export of these specimens without requiring export permits, provided that an approved Wildlife Trade Operation declaration under section 303FN of the EPBC Act is in force and the fishery adheres to the WTO conditions. Should the WTO declaration expire or be revoked, the exemption ceases, and export permits will be required. The instrument applies to entities involved in the Queensland Developmental Jellyfish Fishery and is subject to consultation with relevant Ministers and the Queensland Department of Primary Industries and Fisheries, as mandated by section 303DC of the Act. The geographic reach of this amendment is limited to the Commonwealth, specifically within the jurisdiction of the Queensland Developmental Jellyfish Fishery.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (s 1). This amendment adds certain specimens derived from invertebrates, taken in the Queensland Developmental Jellyfish Fishery, to the list of exempt native specimens. However, this exemption is contingent upon two primary conditions: the specimens must be lawfully obtained and the specimens must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the EPBC Act (s 2). These additions to the list allow for the continued export of these specimens without requiring export permits, as long as the wildlife trade operation declaration remains in force (s 3). The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that the specimens included on the list must be lawfully obtained, meaning they must comply with all relevant laws and regulations governing their collection and export (s 4). Secondly, the specimens must be part of a declared wildlife trade operation that adheres to the conditions set out in the declaration (s 5). The Queensland Developmental Jellyfish Fishery must operate in accordance with the terms of this declaration; failure to do so will result in the declaration being revoked and the specimens no longer qualifying for exemption (s 6). Consequently, any export of these specimens would then require the appropriate permits, and failure to comply could result in legal repercussions (s 7). Breaches of the conditions specified in the Act can lead to significant consequences. If the specimens are not lawfully obtained or if the fishery fails to comply with the terms of the approved wildlife trade operation declaration, the declaration may be revoked (s 8). Once revoked, the specimens would no longer be exempt from trade control provisions, and any exports would require the necessary permits (s 9). Furthermore, the Act does not explicitly outline penalties for non-compliance, but breaches of the EPBC Act generally can lead to substantial fines and potential imprisonment. For example, under Section 509 of the Act, a person can be fined up to $330,000 or imprisoned for up to five years, or both, for knowingly or recklessly engaging in activities that contravene the Act (s 10).