Amendment of List of Exempt Native Specimens - East Coast Beche-de-mer Fishery, QLD (06/12/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to provide a comprehensive framework for the protection of the environment, particularly biodiversity and matters of national environmental significance. The Act aims to balance economic development with environmental conservation by regulating activities that could potentially harm the environment. The legislative instrument F2005B02267, enacted by Ian Cresswell, Delegate of the Minister for the Environment and Heritage, amends the list of exempt native specimens under the Act. This amendment specifically includes specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Beche-de-mer Fishery, subject to certain conditions. The policy objective is to ensure that the specimens included in the list are taken lawfully and are covered by an approved Wildlife Trade Operation declaration, thereby maintaining the ecological balance while allowing for sustainable fishing practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, including individuals, corporations, and government bodies, that engage in activities that may have a significant impact on matters of national environmental significance. This legislative instrument specifically pertains to the amendment of the list of exempt native specimens under the EPBC Act, focusing on specimens derived from fish or invertebrates taken in the Queensland East Coast Beche-de-mer Fishery. The amendment applies to these specimens provided they are not species listed under Part 13 of the Act and are taken lawfully, while also requiring that they be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This amendment extends the application of the EPBC Act to these specific specimens by including them in the list of exempt native specimens, subject to certain conditions and restrictions that ensure their lawful and sustainable management within the fishery.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by adding new specimens to the list of exempt native specimens under section 303DB. Specifically, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Queensland East Coast Beche-de-mer Fishery are now included in the list (sections 303DC(1) and 303DB). However, this inclusion comes with specific conditions: the specimens must have been taken lawfully and must be covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that any fish or invertebrate specimens taken in the Queensland East Coast Beche-de-mer Fishery must comply with the legal requirements set out in the Act, ensuring they are harvested lawfully. Secondly, these specimens must be part of a declaration under an approved Wildlife Trade Operation, as outlined in section 303FN of the Act. This ensures that the trade of these specimens is monitored and regulated appropriately, maintaining compliance with environmental and biodiversity conservation standards. In terms of consequences for non-compliance, the Act does not explicitly state the offences, penalties, or consequences for breaching these provisions within the legislative instrument itself. However, given the nature of the Act and its overarching purpose of protecting the environment and biodiversity, breaches could potentially lead to a range of penalties under other sections of the Act. These could include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act that are contravened. The maximum penalties would typically be determined by the relevant courts when adjudicating on specific cases of non-compliance.