Amendment of List of Exempt Native Specimens - East Coast Inshore Finfish Fishery, QLD (28/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect Australia's biodiversity and the environment. This Act provides for the regulation of activities that may impact the environment, including the control of trade in native species. The legislative instrument F2005L03832 amends the EPBC Act by adding certain specimens to the list of exempt native specimens, specifically those derived from fish or invertebrates taken in the Queensland East Coast Inshore Finfish Fishery, provided they are lawfully taken and covered by a declaration of an approved Wildlife Trade Operation. This amendment aims to facilitate the continued export of these specimens without the need for export permits, as long as the Wildlife Trade Operation remains in force and the fishery adheres to its conditions. This legislative change was introduced following consultations with relevant Ministers and the Queensland Department of Primary Industries and Fisheries, ensuring alignment with the overarching policy objectives of the EPBC Act. This legislative instrument was issued under the authority of the Minister for the Environment and Heritage and commenced on the day after its registration on the Federal Register of Legislative Instruments. The addition of these specimens to the list of exempt native specimens seeks to balance the needs of the fishing industry with the conservation requirements stipulated under the EPBC Act, while maintaining stringent controls through the Wildlife Trade Operation framework.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection of the environment, including native flora and fauna, by regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. The Act applies to individuals, entities, and industries across Australia, with its provisions extending to all Commonwealth, state, and territory jurisdictions. This particular amendment pertains to the list of exempt native specimens, focusing on specimens taken in the Queensland East Coast Inshore Finfish Fishery. The amendment adds certain fish and invertebrate specimens to this list, provided they are taken lawfully and are covered by an approved Wildlife Trade Operation declaration. This legislative instrument aims to streamline the export process for these specimens, allowing for continued trade without the need for export permits, as long as the relevant WTO declaration remains in effect and the fishery adheres to its conditions. Should the WTO declaration expire or be revoked, the exemption would cease, and export would require appropriate permits.

Key Provisions

The main operative sections of this legislation are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB outlines the process for establishing a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, as evidenced by this instrument, which adds certain fish and invertebrate specimens from the Queensland East Coast Inshore Finfish Fishery to the list of exempt native specimens. These specimens are subject to specific notations, including that they must be taken lawfully and must be covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the specimens in question must be taken lawfully, ensuring compliance with relevant fisheries laws. Secondly, these specimens must be covered by a declaration of an approved WTO, which means that the wildlife trade operation must adhere to the conditions set forth in the declaration. This includes ensuring that the fishery operates in compliance with WTO conditions. If a WTO expires or is revoked, the WTO declaration will no longer apply, and the specimens will no longer be exempt from trade control provisions, thereby ceasing to be exempt native specimens. The legislation also outlines potential offences and consequences for breaches. While specific offences and penalties are not detailed in this instrument, the general framework of the EPBC Act provides for both civil and criminal penalties for non-compliance with its provisions. These penalties can include substantial fines and imprisonment, depending on the severity of the breach. The exact penalties are determined by the courts and can vary significantly based on the nature and extent of the violation. It is essential for those governed by this Act to ensure strict adherence to the outlined requirements to avoid potential legal repercussions.